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Construction Law/claim delay analysis

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Question
Dear Sir,

my quation regarding the contractor delay claim,is there is any standard mentioned the containt of the claim delay submital which should submitted by the contractor to anable the engineer and the designer to evaluate it.

Answer
Dear Joe,

Thank you for this question.

The short answer is no, there is no standard to follow; however the Contractor must prove his claim to the legal standard required in the jurisdiction applicable to the contract and prove his losses also. In terms of delay claims, if your contract does not specify how the delay should demonstrated then the Parties need to find (and, if possible, agree) a way that they both consider is reasonable.

Whatever the contractor submits the Engineer must review in a reasonable manner. If the contract is FIDIC based then he should engage both Parties before making his determination. Construction contracts and resolving disputes are still very much about co-operation if the parties want to avoid expensive dispute resolution processes.


I hope that this assists you.

Kind regards,
John Dowse

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John Dowse

Expertise

Legal; contract interpretation; quantum; delay analysis. Practitioner in arbitration, adjudication and mediation.

Experience

Thirty-three (33) years experience in building and construction, at all levels both within contracting and consulting organisations. Practising arbitrator, adjudicator, and mediator. Faculty approved trainer for the Chartered Institute of Arbitrators. Lecturer on construction contract forms and dispute resolution practices.

Organizations
Chartered Institution of Civil Engineering Surveyors Chartered Institute of Arbitrators Institute of Directors Society of Construction Arbitrators

Publications
Various UK and International construction and legal publications.

Education/Credentials
LLB (Hons), Pg Dip (Legal Practice), MCInstCES MCIArb MIOD Barrister

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