6. Delays and Delay Analysis

  1. Roger Knowles FRICS, FCIArb, FQSi, Barrister

Published Online: 14 FEB 2012

DOI: 10.1002/9781118257050.ch6

200 Contractual Problems and their Solutions, Third Edition

200 Contractual Problems and their Solutions, Third Edition

How to Cite

Knowles, R. (2012) Delays and Delay Analysis, in 200 Contractual Problems and their Solutions, Third Edition, Wiley-Blackwell, Oxford, UK. doi: 10.1002/9781118257050.ch6

Publication History

  1. Published Online: 14 FEB 2012
  2. Published Print: 15 FEB 2012

ISBN Information

Print ISBN: 9780470658314

Online ISBN: 9781118257050

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Keywords:

  • delays and delay analysis;
  • delays, being excusable;
  • delay, and concurrent delays;
  • claims, delay and expense incurred;
  • ‘global’ or ‘rolled up’ claim;
  • Wharf… Another v. Eric Cumine…Others;
  • contemporary claims, ‘global’;
  • contractors' use of ‘best endeavours’

Summary

This chapter contains sections titled:

  • If work is delayed due to two or more competing causes of delay, often referred to as concurrent delays, one of which is the responsibility of the contractor/subcontractor or a neutral event and the other is a result of some fault of the architect, engineer or employer, is there an entitlement to an extension of time and loss and expense?

  • Will a claim for an extension of time and the recovery of loss and expense which does not precisely detail the period of delay and the amount claimed in respect of each claim matter causing delay (i.e. a failure to link cause and effect), sometimes referred to as a global claim, fail?

  • What is meant by a contractor or subcontractor having to ‘use constantly his best endeavours to prevent delay’; does it differ from ‘reasonable endeavours’?

  • What is meant by ‘Time is of the Essence’?

  • Where delays to completion of the works have occurred and disputes arise as to the appropriate extension of time which should be granted, is the employment of a computer-based critical path analysis essential to establish the true entitlement?