Project teams are often told to keep daily or even hourly records of events that occur on-site if a claim for additional time and cost arises. These records are known as contemporaneous records in that they are ‘recorded’ when the event occurs.

Throughout the next decade, there will no doubt be a worldwide increase in the construction of renewable projects due to government stimulus packages.

Prolongation or delay costs must reflect the actual losses incurred by a claimant unless otherwise stated in the contract.

More often than not, claimants derive prolongation costs by determining an average daily rate taken from the preliminaries and/or indirect costs listed in the contract and multiplying that rate by the number of days delay.

An independent quantum expert needs to be impartial when engaged in providing early quantum advice, so clients understand their actual liabilities or opportunities.

When drafting a quantum and/or delay claim based on several events, claimants commonly use inference rather than causation to build their arguments. This approach is sometimes used by claimants as they tend to focus on the monetary amounts lost and/or the delays they have incurred, rather than identifying causation.