Authors: Jared Holt, Emily Simnor
Published: 8 February 2023
Pages: 49

Introduction

Friday afternoon, and the phone rings. A construction client has had enough. A project that they have been working on for more than two years has reached tipping point. The parties have exchanged various correspondence about the contractor’s claims for extensions of time and additional costs, but discussions have now seemingly broken down. The contractor wants to commence proceedings or at least elevate the matter to a more formal claim process.

You satisfy the formalities for engagement and make arrangements for initial documents to be sent to you early the following week. You leave the office with a sense of satisfaction and expectation to be engaged in such an interesting matter.

Monday morning. Over the weekend, the contractor has sent 50 or so emails, many of which contain spreadsheets and other information, which may be difficult to decipher. The contractor has asked for a meeting early in the week to get an indication of their chances of success. Friday’s euphoria starts to feel more like a slight sense of Monday overwhelm.

The decisions made in the ensuing days may be very important to whether the claim progresses in an efficient and cost-effective manner, or whether in six months time the parties are talking at cross purposes and grappling with disputes on facts, competing expert analyses (that do not provide “apples for apples” comparisons), and legal issues without much prospect of reaching a resolution in the near future. (contd...) 

Content outline

• Back to basics for initial preparation
• A delay and disruption expert
• Analysing the claim
• Claims for costs in delay and disruption claims
• Some key areas of difficulty in delay claims analysis
• Presenting the claim
• Towards resolution