Bryce Atkinson

Construction and Building Delay claims

Delays are unavoidable within the construction and building environment. There are methods to keep it to a minimum and ways to reciprocate.  

For every construction or civil engineering project setback, there has to be a solution to counteract its effect. Delays are expected, not always avoidable, and form part of the project planning. It’s the nature of the delay that decides whether a project is going to be finished late or not.

Inevitably, disputes arise around claims submitted citing reasons for delay and an amicable settlement through negotiation is the preferred outcome. Arbitration or even litigation can become costly in terms of time and money, which contractors and employers can ill afford.

Employing legal counsel is useful on-site or simply on a consultancy basis to guide parties through these processes and advise on legal rights and obligations. They can often help to identify and avoid problems if they are involved during a project as well.

Leading South African firms rely on experts that specialise in construction and civil engineering to help them resolve disputes around delay as responsibility therefore is often difficult to determine. For example, is slow delivery attributable to performance or to a change in employer’s instructions? Can the contractor manage the delay so that it does not impact negatively on the project or is he liable for damages claims caused by the delay?

Delays in construction projects carry associated costs – no matter the size of the projects. Sometimes there are financial loans involved, often staff members and workers are contracted for a certain amount of time only, and there are the costs of wages and materials to consider.

The first thing to figure out is whether the delay is critical or non-critical. Likewise, determine whether the delay is excusable or non-excusable. These can also be defined as “concurrent or non-concurrent”, and further distilled into “compensable or non-compensable” delays.

Legal experts can assist in assessing claims around delay and determining the financial impacts thereof. This will save time and money in the long run.

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