GYK Newsletter – Indicators of an Unsatisfying Delay Claim

Welcome to the new issue of Grow Your Knowledge Newsletter where you get free, ready to use, actionable, clear information regarding FIDIC Contracts and Construction Claims.

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Today at a Glance;

➤   Term of the Week

➤   One Tweet

➤  Indicators of an Unsatisfying Delay Claim

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TERM of the WEEK 

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ONE TWEET 

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Hello from eayglobal.com.

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A perfect “Delay claim” isn’t something everyone is capable of preparing.

Some delay claims don’t contain the essential elements or have an appropriate framework.

So, every submitted claim doesn’t mean that it has a good chance of success.

It’s important to understand that, claims get results most definitely because of their accurate structures and functions.

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Here are some “Red Flags” that show a “Contractor’s Delay Claim” is not well-prepared.

RED FLAG #1: The Delay is Non-Excusable

The Contractor cannot demonstrate that the delay is excusable.

Because;

➤ The Contractor can foresee the delay

➤ The causes are “the fault or negligence of the Contractor”

➤ The causes are not “beyond the control” of the Contractor

RED FLAG #2: The “Cause” is Unclearly Defined

The Contractor cannot establish the causal connection between the delay event and the critical delay to completion.

This probably depends on the availability and quality of the Contractor’s records, witness evidence and critical path analysis.

RED FLAG #3: Non-Compliance with the Notice Requirements

The Contractor doesn’t give a valid Notice of Claim;

➤ After becoming aware

➤ Within the required time identified under the Contract

RED FLAG #4: The Delay is Non-Critical

The delays affect the progress but have no ultimate effect on the project’s completion date.

RED FLAG #5: The Delay Analysis Method is Improperly Selected

The delay analysis method is not chosen in accordance with the;

➤ Quality of the records

➤ Circumstances of the Claim

➤ Value and Nature of the project

➤ Quality of the programme information

RED FLAG #6: The Delay Analysis Method is Applied Incorrectly

The delay analysis method doesn’t involve;

➤ Proper assumptions, evaluations and analysis

➤ An in-depth review of the project documentation related to the delay event and its impacts

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Being aware of the critical points will help you prepare effective claims.

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See you next week.

 

This information is provided for your convenience and does not constitute any “Legal Advice”. This document is prepared for the general information of the interested persons. This should not be acted upon in any specific situation without appropriate legal advice.

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