Delay Claims: Defeat the 6 Fatal Flaws & Secure Your Entitlements

A Practical Guide.

Contractors often leave legitimate delay claims on the table, or worse, get bogged down in costly disputes. The culprit? Not invalid delays, but a failure to build a robust case in real-time.

Here are six critical mistakes Contractors make and a winning strategy to protect your bottom line and the relationships on which the parties depend.

1. The "Blind Faith" Blunder: Weak Planning & Control

• The Problem: Relying on gut feeling or inexperienced personnel for project planning and control leads to undocumented and unsubstantiated delays.

• The Fix: Implement a professional, meticulously developed, and actively managed project schedule. Update it weekly, track delays in real-time, and invest in expert planning (internal or external). Data-driven decisions are your shield.

2. The "Silent Treatment" Trap: Delayed Notice

• The Problem: Hesitation in providing timely delay notification can result in the complete forfeiture of your claim.

• The Fix: Establish an immediate delay detection system. Issue formal written notices immediately. When in doubt, always notify.

3. The "Critical Path Mirage": Lack of Impact Proof

• The Problem: Not all delays qualify for an Extension of Time (EOT). Only those impacting the critical path matter. Without clear evidence of schedule disruption, your claim is dead on arrival.

• The Fix: Maintain an accurate, up-to-date program reflecting actual progress. Conduct rigorous delay analysis to explicitly demonstrate the critical path impact. Evidence is your weapon.

4. The "Contractual Quagmire": Ignoring Mandated Requirements

• The Problem: Basic contractual non-compliance—missing clause references, inadequate cause-and-effect programs, or incomplete documentation—is a claim killer.

• The Fix: Assemble a comprehensive claim package:

  • Explicitly reference relevant contract clauses.

  • Present a program demonstrating clear cause-and-effect.

  • Provide complete contemporaneous documentation (site instructions, delay notices, daily records).

  • Ensure meticulous accuracy in all dates and times.

5. The "Hidden Losses": Overlooking Standing Time & Disruption

• The Problem: While an EOT may adjust preliminaries, costs like standing time and disruption are often excluded and require separate claims.

• The Fix: Track standing time and loss of productivity meticulously. Submit distinct claims for these costs. Failing to do so means absorbing the employer's delay-related expenses.

6. The "Retrospective Illusion": The Danger of After-the-Fact Analysis

• The Problem: Relying solely on retrospective delay analysis (as-built vs. planned) is a risky gamble. The "facts" of an as-built schedule can obliterate a theoretical delay analysis.

• The Fix: Implement robust real-time planning and control. Ensure your as-built schedule aligns with the impacted critical path, making it easier to prove your EOT both during the project and in any subsequent dispute.

Winning Strategy:

• Proactive Documentation: Continuous, detailed, and accurate record-keeping is your foundation.

• Real-Time Analysis: Don't wait until the end. Analyse delays as they occur.

• Contractual Mastery: Know your contract inside and out.

• Expert Guidance: Don't hesitate to seek professional advice when needed.

• Clarity and Persuasion: Tell a clear, compelling story supported by solid evidence.

By focusing on proactive measures and meticulous documentation, you can effectively mitigate the risks of delay claims, secure your rightful entitlements and protect your reputation.

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Disclaimer: This information is for general knowledge purposes only and should not be considered legal advice. It is essential to consult with a qualified legal professional for any legal matters or concerns.