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Assessing Delay and Disruption - Tribunals Beware

"When somebody persuades me that I am wrong, I change my mind. What do you do?"
John Maynard Keynes

Keywords: Acceleration Costs, Delay Costs, Disruption Costs, Schedule, Prolongation.

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Assessing Delay and Disruption - Tribunals Beware [P035]

Delay claims, linked to disruption and acceleration cost claims are common in the construction and engineering industries and are becoming more common in other projects. A key area of claim present in most contractual disputes involves assertions of delay with associated disruption and/or acceleration costs. This type of claim usually appears after normal contract processes are being severely tested and the contractor has engaged experts to assist its cause. This paper is designed to help ADR and legal professionals understand the options available to disputants in assessing ‘delay’ to help them quickly cut through the fog of expertise present in many major disputes to achieve a speedy determination. The paper :

Whilst the arena belongs to the parties, a knowledgeable tribunal can help achieve a quicker, more just, and importantly enforceable outcomeAdjudicator’s determinations have been successfully challenged in the UK  based on the failure of the Adjudicator to allow parties to comment on the methodology used to determine the delay.  

Delay, Disruption and Acceleration Costs

Unfortunately, most prolongation / disruption claims also seem to result in excessively large cost claims that damage any possibility of negotiating a reasonable settlement. This separate paper examines the theoretical underpinnings of ‘delay and disruption’ costs to suggest a realistic basis for their calculation. It is designed to help non-experts see through the ‘smoke and mirrors’ of schedule claims to understand what’s likely to be real, what’s feasible and what’s hyperbole.

Author: Patrick Weaver

Key Resources:

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Assessing Delay and Disruption - Tribunals Beware
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Delay, Disruption and Acceleration Costs

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