In a previous article (Can I Claim for Additional Time on My Construction Project?) I discussed reasons that contractors can claim a delay variation on their construction project. Unfortunately, some contractors submit delay claims to which they aren’t entitled. This may be because they don’t understand the construction contract document or the basics of construction variation claims. Regrettably, some contractors are just serial claimants, claiming for anything and everything, while many submit delay claims in a desperate effort to claw back time and money which has been lost because of their poor management, and blunders that were made in planning and managing the construction project.
#constructionlaw #constructionmanagement #constructionclaims #contractors
Submitting construction delay claims which have no sound basis or justification is detrimental.
When Are Contractors Not Entitled to Submit a Construction Delay Claim?
It is important to note that construction contract documents do vary, so it is always essential to understand what your construction contract document says. But here are some general principles.
Contractors aren’t entitled to claim a delay, or for an extension of time when:
"The overlapping portion of two delays can only be claimed once."
In addition, there is often more than one delay on a project. Sometimes these delays overlap, or are concurrent. The overlapping portion of two delays can only be claimed once. However, the concurrency of delays can become a complicated issue and often depends on whose fault the first delay is as to what portion of the second overlapping delay can be claimed. But this is a topic best left to the experts, or another article.
Understand your contractual rights
"Frivolous and spurious delay claims are a waste of time, they are an irritant to clients"
Frivolous and spurious delay claims are a waste of time, they are an irritant to clients and they can impact the integrity and reputation of contractors. Contractors must understand the contract document, the construction schedule and general contractual procedures.
If you are not sure about a contractual issue ask for expert advice. Wise up to your contractual rights. My book: ‘Construction Claims: A Short Guide for Contractors’ provides some useful guidance, as do many other similar books.
#constructiondelayclaims #constructiondelays #changeordermanagement
This article was first published on the ClockShark website.
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© 2018 This article is not to be reproduced for commercial purposes without written permission from the author.
This article is compiled from information in Paul Netscher's book 'Construction Claims A Short Guide For Contractors'
"An excellent, concise and very practical guide to successful claims process. This is a no nonsense approach that gets on with it." Review Amazon UK
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Copyright 2016 - The attached articles cannot be reproduced for commercial purposes without the consent of the author.
The opinions expressed in the attached articles are those of the writer. It should be noted that projects are varied and different laws and restrictions apply which depend on the location of the contractor and the project. It's important that the reader uses the supplied information taking cognisance of their particular circumstances. The writer assumes no responsibility or liability for any loss of any kind arising from the reader using the information or advice contained herein.
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