A claim that experts commonly encounter in the UAE construction industry is the delay claim. It is because construction owners know that it requires forensic analysis for determining the delay causes and impacts on a project. It is also essential for assessing the provisions of the relevant contract and applicable act.
But if a contractor and project owner fails to resolve a claim and the fact-finder has no experience of analyzing and resolving delay issues, then (chances are) it may cause further implications in the project.
The reason is sound knowledge of the construction industry, experience in resolving claims, and familiarity with the standard practices, terms and concepts are critical.
Therefore, it is essential to hire a delay specialist with sound experience and knowledge of the industry to deal with the claims strategically.
So, if you are an owner, wanting to win a delay claim, acquire the services of a delay expert in Dubai to ensure success. The expert will conduct the forensic analysis by taking the right approach for a winning claim. Read on to find out the essential steps for preparing a winning delay claim.
Essential Ways to Win a Delay Claim
Experts often run into delay claims in the construction industry. To resolve them, they need to perform forensic analysis for winning the claim. Without practical experience, conducting the analysis becomes difficult which raises risks of failure. Here are some ways to win a claim.
Analyze Your Claimant
The manner in which the claim is put forward depends significantly on the conflicting party. Contractor’s claim will be different from a stakeholder’s claim. And so, the strategy to deal with them will also differ.
For instance, negotiation methods with partners will be better documented than negotiations with masons group and labors. With your workforce, you can also use informal methods of reconciliations. It is because you will have the upper hand with them as a company.
Choose the Right Analytical Procedure
Pick the right procedure to analyze delays in a project. A strategically selected method increases the chances to prove liability, causes and effects of a delay.
Measured mile, narrative method, TIA/schedule update technique, and as-planned vs. as-build –are some of the analysis methods. Your success greatly depends on the right selection, so be careful.
Work on the Key Facts
Without concrete evidence, it becomes hard to win a delay claim. Try to develop a comprehensive understanding of the events that caused the delay. Identify the main facts and work on them. Assess these facts and dig their details. Then, use your key points to support your final opinion or verdict.
Hire a Highly Experienced Professional
Hire a highly experienced professional with substantial knowledge of the industry. A resourceful expert who can plan and execute the right procedures can promise your success. Look for a professional who is articulate, competent, and poised.
So, if you want to win your claim, opt for the services of the best delay expert to reassure success. A delay specialist is the one with practical knowledge and an in-depth understanding of the issues in the construction industry.
Construction claims are prevalent worldwide, especially in the UAE due to different reasons. Projects often get delayed in the country for a myriad of causes. And when it comes to winning a delay claim, follow the four steps given above.
The steps include knowing your audience, using the right analysis method, working on the key facts and hiring a professional to deal with your issue effectively.
Delays are common in road construction projects all over the world, with no definite time for occurrence. Where some delay events occur during the initiation stage, others may occur during the execution or monitoring stage.
Although delay events may not amount to much individually, several delay events may contribute greatly to delaying significant parts of the project or the project schedule altogether.
Determining delays is not something novices can do. It's up to expert witnesses of delay to determine causes of delay and how much it has affected the schedule of the project or any activities. Assessment of the causes of delay and the amount, by which the schedule has been delayed, requires the expertise of Delay experts, with ample knowledge and experience in similar projects.
Although all these causes of delays remain extremely critical, this article explains delay events that are relevant or a result of the contractor’s negligence or ignorance:
Contractor-related delays in road construction projects
Detecting delays require the expertise of the best expert witnesses to determine the causes and resolve delay claims arising from delay events. The three main reasons for delays in construction projects are: Contractor related delays, Owner related delays and Consultant associated delays.
Insufficient planning of projects
In case the planned schedule does not perform as anticipated, faulty estimation of the costs and the time the project will cause severe delays. Any errors in the estimates of construction cost appear to be very difficult for such crucial projects. Also, they may be costly to reimburse. For example: e.g., missing supply date, delay in supplies reaching the site, may delay the whole project schedule.
Lack of experience of contractors
Lack of expertise remains a critical cause for delay in construction projects. In case a problem arises, the lack of expertise prevents the timely resolution of problems. The project activities may have to be stopped to resolve the issue. It is essential for hiring parties to ensure the contractor is experienced and knows what to do!
Change in vendors
It’s the contractor's job to select the best vendors for the completion of construction activities. Due to numerous reasons, subcontractors may hand over their work to other vendors, or may continuously opt for different parties for the end of the job. The change in vendors may cause considerable delay in the projects as new vendors may not know the previous relevant details needed to conduct the task ahead.
Use of obsolete technology
The malfunction or breakdown of machinery used for road construction may also have an important impact on the project's schedule. The project might have to be delayed due to parts getting damaged during the project. Also, it may not be easy to locate the spare parts of old machinery resulting in more significant delays in the construction projects.
Rework due to errors
Any work/activity that hasn’t been done right the first time may need to be redone, due to its non-conformance with the desired results. In a construction project where numerous activities are taking place at the same time, and there are multiple chances for omissions and mistakes, due to poor management may lead to a change in the final output.
Rework not only results in schedule overruns but cost overruns too, which is why meticulous oversight is required for the different activities in construction projects.
Construction projects may become prey to delays due to many reasons. It's not for the normal personnel to determine the cause of the delay, however. To assess project delays in all construction projects, it's essential to employ the best delay experts with years of experience in road construction projects!
The most experienced professionals contribute significantly to the determination of the delay events and the impact that may result from such events.
The importance of critical path in a project schedule has come to light with the emergence of schedule delay analysis and other techniques that can be used to determine the occurrences that caused delays and costs involved that would be needed to compensate for any losses incurred.
The determination of the method to be used to determine delays, how it will be used, what other information and documents will be needed to study the claims made by the parties and the court proceedings are overseen by delay experts, who have multiple years of experience within the field.
This article aims to highlight the importance of critical path in determination of delays.
What Is The Critical Path?
It is the sequence of projects tasks and activities arranged in such a way that their duration adds up to make the longest duration and it is a measure of the shortest time that will be needed to complete the project.
It is important to know that all the activities on the CP are critical activities and need to be completed in the scheduled time. However non-critical activities are the activities that can be completed later.
Critical Path Methodology
CPM is a technique used for scheduling and administration of construction contracts and agreements. According to the Court of Claims, the CPM allows parties involved in the projects to identify a sequence of activities that need to be completed for the other activities to proceed and for the project to be completed on time.
Where some non-critical activities may be delayed without any consequences as the absorb float assigned to them, critical activities if delayed can delay the entire project.
How Critical Paths Are Used To Determine Delays
In case of a delay claim by either party, a CP analysis is mandatory. In an attempt to prove any claims that the parties may have, contractors, are expected to show how the actions of the party affected the duration or performance of the activities.
The CPM is chosen to prove delays within the projects because the ability of activities on the critical path alone can change the duration project. Observing the CP for the analysis of delays in projects is an established way used by many delay experts today.
What Is Schedule Delay Analysis?
It is an analytical technique that uses the CPM to determine the events that impacted the untimely completion of the project. It works by utilizing forensics on the project documentation and other data that is relevant to the project, to assess the damage caused by events, to the duration or any other damages to the project.
Results of the analysis focus on providing information about a certain amount of time for which compensation may be needed in order to recover any damages.
Over the past 40 years, “Retrospective CPM techniques” have become increasingly common among experts when dealing with contract disputes which goes to show how well institutions like courts and organizations like construction companies, are relying on the accuracy of the methodology.
Retrospective methodologies use the information of subsequent events in order to establish whether the events specified were responsible for causing delays to the completion, considering the whole project of the work.
Critical Path Method And Acceptance
The importance of critical path in determination of delays can be gauged from the fact that arbitration panels, courts and most legal forums now prefer the use of the CPM scheduling techniques in order to determine delays in schedule, any accelerations or disruptions in projects and impacts. Throughout the world, all institutions have shown a general acceptance and preference for the CPM methodology.
Primacy of delay is a concept that argues that the delays to the CP are the only significant delays that should be considered when calculating the schedule overruns and the impacts on the project duration.
The concept has allowed the development of the construction delay analysis which allows delay experts to determine the costs that would be needed to compensate for the project delays. All delay estimation techniques used today, stem from the basic CP methodology.