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4 Top Tips on How to Defend a Delay Claim : The claim doesn’t do what it says on the tin! Part 2

You don’t need us to tell you that a construction delay claim is an almost inevitable part of every construction project.

In our experience, even the best run projects suffer delays, and this almost always results in one party chasing after money within a delay claim.

Preparing and defending a construction claim is an immensely complex undertaking, and much has been written about the delay and quantum analysis and the preparation of construction claims generally.

We’ve put together a list of what we think are the top defences to a claim you might receive. We’ll focus on the ones that we consider to be the big hitters or put simply the ones where we have had the most success!

The claim doesn’t do what it says on the tin! Part 2.

So we finished our last blog looking at the defence that the claim doesn’t include the actual reasons behind the delay. We’re not finished though.

Very quickly, you can pick apart the details of the claim and its argument by asking yourself some questions. Here’s a checklist to help give you a quick rundown of the claim.

1. Is the analysis factually based?

2. Does it address the critical path of the project?

3. Does it address criticality of each event at the time it happened?

4. Does it address the available float remaining on the project schedule?

5. Does the analysis reflect the actual progress of the work at the time event happened?

6. Does the analysis reflect the contemporaneously reported progress of the work at the time event happened?

7. Does the analysis reflect the contemporaneously reported facts?

8. Has the Contractor addressed concurrent delays?

9. Has the Contractor taken account of all delay events?

If the answer is negative, you now have the foundations for your argument that the claim doesn’t lay out the factors that caused the delay, and therefore, weakening the claim.

Next time we will look at the defence that you are not liable for the contractor costs.

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Kenzie Claims Assistant