Delay Analysis in Construction Arbitration

In construction disputes, ‘delay analysis’ is essential for establishing the cause of delay, which in turn determines whether the contractor is entitled to an extension of time and associated costs or whether the employer is justified in imposing liquidated damages. This article enunciates various methods employed in the analysis of construction delays. It provides a detailed overview of the techniques used to identify, quantify and apportion delays among project stakeholders that are critical for the resolution of disputes pertaining to extension of time (EOT) and substantiation of EOT claims.

Methods

The 2nd edition of the Society of Construction Law Delay and Disruption Protocol, 2017, (SCL Protocol) identifies six primary methods for delay analysis, categorised broadly into prospective and retrospective methods as described below:

• Impacted as-planned analysis: This prospective method involves inserting delay events into a logic-linked baseline programme to assess their theoretical impact on the completion of the project.

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