Construction delay claims: the chronology is the case

Delay has more than one cause

Late drawings, variations, access restrictions, approvals, procurement, contractor performance and concurrent events may affect the same period. A party must show not only that an event occurred but how it affected the critical path and which contractual risk allocation applies.

Notices, programmes, meeting minutes, instructions, daily records and progress reports should be gathered at the beginning. A narrative prepared years later cannot replace missing contemporaneous evidence.

Entitlement and quantum are separate

An extension of time does not automatically establish every head of cost. Conversely, a cost may be real but unrecoverable because notice, causation or contractual proof is missing. Claims should separate time entitlement, prolongation, disruption, variations, acceleration and financing effects.

Experts require a clear and complete data set. Counsel and delay or quantum experts should agree the questions, assumptions and document structure so the technical model supports the pleaded legal case.

Manage the dispute during the project

A live project creates commercial pressure. Parties should maintain notices and records while also exploring targeted agreements on access, programme, payment or variation valuation. A well-documented interim arrangement can prevent a disputed event from expanding into termination and total project failure.