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Delay

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Delay is common place in construction projects these days. As projects become more complex and larger in scale at Halliant we see clients passing on more and greater construction risk to Contractors and Sub-Contractors alike. These risks often manifest in terms of time and money, when they eventuate, and it is therefore not surprising that most projects run over time and the complexities of establishing where, when and who is responsible for delay are a common source of dispute.

Delay

Due to the complexity of construction Contractor’s and Sub-Contractors actual performance onsite can deviate significantly from the original planned duration, sequence, method and manner of work.  These deviations impact both schedule performance and the overall cost of the project. One of the recognised methods a contractor can recover time and costs caused by the impact of events is “Delay”.

Delays are events that occur on a project which interrupt, suspend or protract performance onsite resulting in activities starting or completing later than planned. Often Delay events are complex and difficult to disentangle and quantify from one another or from those events which have resulted in “Disruption” opposed to Delay.

Methods of establishing delay

At Halliant we have extensive experience in using CPM (Critical Path Method) and Observational methods of analysis to identify the incident and extent of delay to construction and ICT projects.  Those methods we utilise, and are endorsed by the Society of Construction Law and Association for the Advancement of Cost Engineers, are:

  • As Planned vs. As Built (in Windows),
  • Time Impact Analysis (in Windows),
  • As Built ‘But For’ and Collapsed As Built, and
  • Impacted As Planned.

Along with the above, we also have experience in using Observational and Contemporaneous derivatives of these methods.

In establishing Delay, we always revert to and rely upon the mechanism being claimed (or used for defence) to determine the method required, whether it be prospective or retrospective under Contract, or via other remedies at law, we have the expertise to establish the correct method ensuring the success of the analysis and ultimately the claim or defence.

Maximising your recovery

To maximise the recovery of Delay, and therefore the costs that flow from Delay, the claimant must usually illustrate how the planned duration, sequence, method and manner of work were affected.

Delay is usually illustrated by those above methods but what is required is often much more than just a quantitative analysis, it is the story and presentation of these results which are vital to success.

At Halliant we specialise is presenting these results graphically and preparing robust and defensible narratives to support the Forensic Delay Analysis.

The following graphics are an example of the types of charts and illustrations that Halliant can prepare in support of claims and expert testimony.