Construction Delay Claims
Construction delay claims, or disputes related to schedule impacts, are one of the most common types of disputes in the construction industry. Yet, delay claims have a propensity to be some of the least understood and most complex disputes in the construction field.
Delay claims typically relate to unanticipated project events and circumstances which extend the project and/or prevent work from being performed as originally planned. There are many common causes for schedule delays on a construction project, which include, but are not limited to, mismanagement and maladministration; site access restrictions; differing site conditions; permits and approvals; financial problems; defective plans and specifications; changes in the work; labor productivity issues; document review/approval; testing/inspections; inclement weather; and force majeure events.
Three common points of contention relative to schedule delay claims are whether an issue impacted the critical path of the project, the delay quantification, and the root-cause of the delay and entitlement to a time extension and/or additional compensation. One must review the contract to understand the basis of the agreement and determine who accepted particular risks and what constitutes compensable or excusable delays. Consequently, a clear understanding of the basic elements necessary to substantiate delay claims is invaluable. Interface Consulting’s construction claims consultants have advanced hands-on knowledge of CPM schedule analysis and extensive practical experience in the contract claims environment involving construction delay claims. Our consultants prepare and analyze claims, present in mediations, and testify in litigation and arbitration proceedings on matters concerning CPM scheduling, schedule delay/disruption, and acceleration.
Interface Consulting provides contemporaneous and forward-looking CPM schedule analysis to facilitate the early resolution of time extensions, as well as forensic delay analysis for the preparation and/or defense of construction delay claims. Our construction claims consultants specialize in CPM schedule analysis by means of the following industry-recognized methodologies:
It should be noted that the selection of a particular schedule analysis methodology depends on the project facts, the nature of the events being analyzed, the nature and extent of available as-built information, and the available progress data, and may vary from project to project. Each of the above-referenced schedule analysis methodologies has inherent advantages and disadvantages. Interface Consulting has extensive experience handling construction delay claims and our construction claims consultants are skilled at tailoring our schedule analysis approach to suit a project’s needs and constraints.