Delay claims

Never before have delay claims assumed such importance in the construction industry. Delay analysis is a field of speciality that requires expertise. The purpose of this article is not to delve in depth in this area of low but rather to highlight the need to process delay claims in accordance with the agreement that regulates the relationship with your client. If you want to consider in more detail the science of delay I recommend that you read the Society of Construction Law’s Delay and Disruption Protocol.

The first thing to determine is whether fact you have a claim. You need to first determine whether the delay in question will have an effect on the date of practical completion. In other words the delay must have an impact on the critical path of the programme. Accordingly it is important that when you submit a claim, you refer to the programme and the impact on the critical path caused by the delay.

The Society of Construction Law’s Delay and Disruption Protocol discourages a wait-and-see approach. Comply with the contractual requirements of submitting a claim; ensuring of course that you do have a claim in the contract for an EOT (Extension of Time). 

The effect of the delay does not have to be felt immediately on the critical path. In this regard the said protocol provides that the principal agent should grant the extension and claim for the then predictable effect and thereafter the principal agent should consider the actual impact on the employer.

A real challenge arises when there are concurrent delays. Namely the occurrence of two or more delay events at the same time. In the current context of the pandemic this may arise in the unavailability of materials and the delays caused as a result thereof. Whilst it may be arguable that the pandemic and consequential and availability of materials is the same event, let’s assume that it is not in order to claim. The principle to be applied is that both events must cause delay to the completion.

As you can see submission of claims and the valuation thereof requires expertise. At TCP (The Construction Law Platform) we have the necessary legal skills and experience and we earn the use specialized and highly skilled experts in preparing and presenting claims. 

NB: Please note that this article is for informational purposes only and not for the purpose of providing legal advice. Should you require more information on this topic or any issue arising out of this please contact Allardyce & Partners on 011-234 2125 or enquiries@allardyce.co.za

Leave a Reply