Delay Analysis &
Dispute Resolution
Dispute Resolution
We have redacted key information due to the sensitivity of this project and to provide anonymity to the client.
Our management team were involved in the forensic analysis of a 50-week scheme which primarily consisted of earthworks and structures. The principal contractor suffered delays due to weather, design change, additional works, and unforeseen ground occurrences. This led to the baseline programme extending to 80-weeks in duration. As a result, the clients budget became stretched and relationships strained. In parallel with this potential client change, the principal contractor incurred further delay through several of its own specialist subcontractors. A difficult situation, where the client refused to accept that any change was their responsibility believing the principal contractor was either already in concurrent delay, or there was no change with the element being part of the original scope of works.
Whilst the contractor tried to administer the NEC form of contract, notifying potential change through Early Warnings, and then submitting Compensation Events; the client rejected these claims. We were asked to assist and determine who was responsible for what aspect of delay. Through the detailed assessment of site records, communication, and other available information, we pieced together a series of chronological events to identify delay attributed to the principal contractor and those delays that formed an extension of time claim.
ReSolv3D® would never recommend jumping straight to formal dispute resolution without attempting to mediate and negotiate differences of opinion. In this situation, whilst the client had rejected the majority of Compensation Events this was on an informal basis without issuing their formal assessment. This left opportunity for further discussion and submission of our detailed reports and assessments.
Unfortunately, due to the magnitude of change and potential increase in costs, the client did not have the ability to settle and agree change outside of formal dispute resolution. As a result, the principal contractor instructed us to prepare the Referral Document and Notice of Adjudication. We managed the entire process on behalf of the principal contractor and importantly, we were able to remain objective and divorced from emotion.