Very often disputes in construction industry originate from delay related claims and their associated responses. Such scenario happens between the Employer and the Main Contractor and similarly between the Main Contractor and Sub-Contractors.
Construction Schedule Delay Analysis requires careful attention to minute details and several overlapping skills. For example, the use of planning software is only effective when combined with a thorough understanding of construction logic and rules of contract. Our team of experts are experienced in the project planning software, construction sequencing of works across multiple trade elements and various approach to the construction schedule delay analysis. Our scheduling and project control experts are experienced in identifying, developing and mitigating schedule delays and disruptions. We identify liability, quantify damages, and assist in preparing a request for equitable adjustment or claim in a timely and cost-effective manner.
Once all critical and near critical path activity delays have been quantified, the origins and causes of each delay are determined. This process often involves the organization and analysis of extensive project documentation to establish the cause-effect relationships of each party’s actions or inactions and the resulting delays. The responsibility for each delay is then apportioned to either the Contractor, Owner, a third party if appropriate, and to force majeure or other excusable delays defined by the contract. By performing these schedule analyses, we can provide supportable opinions with respect to time extensions, compensable delay, and acceleration.
Our Services include the following: –
A. For Employers & Consultants: –
- Assessment of Contractor’s claim for Extension of Time and Construction Schedule Delay related time claims (any cost related claims can be evaluated by our sister practice Utamacon (B) Sdn Bhd to provide a comprehensive review of the construction schedule delay related claims).
- Provide detailed response to the Contractor with the findings to either reject the claim or provide response with counter proposal based on independent assessment of the Contractor’s claim related to Extension of Time.
- Negotiation with the Contractor for an agreement to be reached.
- Advice and support the Employer / Consultants throughout the process.
B. For Contractors & Sub-Contractors: –
- Assessment of the various factors contributing for the delay and the contractual grounds for the Contractor / Sub-Contractor to claim for the Extension of Time (any cost related claims can be prepared by our sister practice Utamacon (B) Sdn Bhd to provide a comprehensive review of the construction schedule delay related claims) including providing notices as required in the Contract to comply.
- Provide detailed response to the Employer / Main-Contractor’s findings / Queries / Clarification to pursue the claim further.
- Assess and provide response to any counter proposals from the Employer / Main-Contractor.
- Negotiation with the Employer / Main-Contractor for an agreement to be reached.
- Advice and support the Employer / Main-Contractor throughout the process.
Our delay analysts have in-depth knowledge of the Society of Construction Law’s Delay and Disruption Protocol 2nd Edition, and follow that guidance when necessary. They are experienced in both prospective and retrospective methods of delay analysis, including critical path, time impact, windows, as-built-versus-as-planned and as-built-but-for-analysis.
We will help you demonstrate delays by using:
- Causal analysis
- Critical path analysis
- Time impact analysis
- Windows analysis
- As-built-vs-as-planned analysis
- As-built-but-for-analysis
- Comprehensive report to support claim
- Expert report
- Training and issuance of templates to support claims
