Construction Law/EoT - Milestones

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Question
Dear John Dowse

Main Con
“Mr Engineer, you have granted me 20 days for Milestone 1 thus I am entitled to 20 days for all subsequent Milestones also”

Engineer
“No, you must demonstrate that when you add the Relevant Events impacting M1to any other Events occurring from end of M1 to M2 what impact they have on M2. It is does not follow that award of 20 days for M1 automatically knocks on for further Milestones. Otherwise I would need to give you an award for subsequent Milestones at the same time as award for M1.”

Who is correct?

If there are no further delaying Events then Final Milestone extended 20 days?

Answer
Dear martincymru,

Thank you for this question.

The theory behind the Engineer's response is correct. When any extension of time is awarded on a Milestone the Contractor must prove that the subsequent Milestones and the Time for Completion are also delayed in order to get an extension on those aspects. The correct approach, in my view, is to perform a delay analysis on the programme of works taking each of the delay events in chronological sequence and examining the impact of each as it compounds the earlier events. An extension of the time for completing works associated with Milestone #1 will not automatically translate through to subsequent Milestones and/or the Completion Date.


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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