Chapter 6

Delays and Delay Analysis

First published: 14 February 2012

Summary

This chapter contains sections titled:

  • If work is delayed due to two or more competing causes of delay, often referred to as concurrent delays, one of which is the responsibility of the contractor/subcontractor or a neutral event and the other is a result of some fault of the architect, engineer or employer, is there an entitlement to an extension of time and loss and expense?

  • Will a claim for an extension of time and the recovery of loss and expense which does not precisely detail the period of delay and the amount claimed in respect of each claim matter causing delay (i.e. a failure to link cause and effect), sometimes referred to as a global claim, fail?

  • What is meant by a contractor or subcontractor having to ‘use constantly his best endeavours to prevent delay’; does it differ from ‘reasonable endeavours’?

  • What is meant by ‘Time is of the Essence’?

  • Where delays to completion of the works have occurred and disputes arise as to the appropriate extension of time which should be granted, is the employment of a computer-based critical path analysis essential to establish the true entitlement?

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