Construction contracts contain several essential definitions, with three of the most prevalent and occasionally confused being; work, site, and plant.

Disruption is an interference that disturbs or slows down a Contractor's usual working methods, leading to reduced efficiency. Disruption is not the same as delay, however a disruption can be the cause of a delay.

When drafting a quantum and/or delay claim based on several events, claimants commonly use inference rather than causation to build their arguments.  

In the midst of grappling with the intricacies of drafting a construction claim, two pivotal components demand our attention: Global Claims and Contemporaneous Records.

A simplistic, retrospective methodology, which in its simplest form compares the as-built program to the planned (baseline) program.

Increasingly, contractors initial claims assessments are reduced to simply checking invoices received from subcontractors (to prove a cost has been incurred) with negotiation limited to the cost of the rates claimed.

In days gone by, multi-million dollar construction projects relied documents that were entirely handwritten and stored under lock and key. With the continued maturity of technology solutions, all that has changed.

A contract reset can serve as a beacon of hope for employers and contractors motivated to find an amicable solution amid significant delays and cost overruns within construction projects.

Infrastructure, residential, and commercial construction projects can potentially impact natural habitats, affecting flora and fauna.

To effectively support construction claims, here are key types of data you should record and reference in your timeline.

Maintaining a detailed timeline of events will support an extension of time and cost claim. Here are the main reasons why a timeline is important.

Accura Consulting is the winner of the RICS Dispute Resolution Team of the Year for 2022.

Tunnelling projects are complicated, and all parties — the customer, EPC contractors and subcontractors — expect the work to be done on-time and on budget but delays and cost overruns happen.

The NEC contract prescribes that an extension of time, delay and quantum be determined prospectively. The NEC contract requires the contractor to maintain an up-to-date program.

Whether it be assessing insurance claims, variation claims, or the remediation of defective works, a quantum expert is called upon to provide an independent subjective opinion to assist an insurer or a tribunal or, in some cases, to help parties settle a matter outside of formal proceedings.

The term “Contract Program” is often used in reference to the Construction or Contractor’s Program. The Construction (or Contractor’s) Program is basically the execution plan and timeline of how the works under the Contract will be carried out and measured. It should consider the key sequences of work and resource dependencies. It should also, depending on the Contract, identify the critical path and the relationships between the planned activities and interfaces.

This article considers the contractual requirements regarding the most appropriate and accepted method of delay analysis in the commonly used Australian Standard General Conditions of Contract.

A lot has already been written about various delay analysis methodologies. The purpose of this article is to summarise the pros and cons of the most commonly accepted methodologies and highlight where they might best be used.

In this article we are going to consider the differences between mitigation, acceleration, and constructive acceleration. The recent case of V601 v Probuild[1] is of interest, as it demonstrates that a constructive acceleration claim can be successful in certain circumstances.

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.