In most construction projects, the presence of delays in construction are just all too common.

So, what should contractors and subcontractors do when they are faced with delays? What are the ramifications of not following their intended plan for completing the works?

To tackle this issue, it is always best to start with the project contract. Usually, the contract contains a road map for any entitlement to time and cost resulting from such delays, in which the liability is shared between the contracting parties.

Nonetheless, to effectively quantify the number of delayed days and its impact and culpability, within the contract, there are generally a few programming obligations set out for a contractor to effectively develop robust contemporaneous records. These obligations usually include:

1. Submitting a Contract Program that captures the full scope of work and provided with contractor’s intentions to perform the work within a reasonable and acceptable logic.
2. Providing periodic updates, whether it may be on a weekly, fortnightly or monthly basis.
3. Record keeping of any relevant as-built data to support the progress information in the program.
4. Photographic records of site progress with proper naming and dating.

 

 

In our experience, performing these tasks usually keeps a planner busy on a full-time basis to ensure preserving an acceptable level of program reliance and integrity.

Whilst it may come across as a cumbersome task, these records are very important when circumstances need to be revised at a later stage.

But in reality, and due to the exorbitant amount of required work and lack of budget to assign a competent team to manage the above tasks, many of these requirements are not properly managed, and the window of opportunity of obtaining accurate site data is drastically reduced.

This results in Delay Analysts and Claims Managers having to undergo a substantial amount of research, and liaising with the relevant personnel familiar with the delay events, to stitch all required information together to establish causation, or trawling through site diaries and trying to make sense of the recorded information. Additionally, most forensic analysis occurs long after the relevant delay event or even the project is completed and often the staff who possessed the relevant knowledge are not available, resulting in the required information needing to be retrieved proving too difficult to obtain.

 

 

When program information is being updated and maintained to an acceptable level of accuracy, fulfilling contractual obligations, agreement from all project stakeholders, and provided at agreed periodic intervals, this would usually include (amongst other things):

1. A proper representation of the critical path(s) in the contract program that demonstrates a feasible and achievable work plan to be executed by a competent Contractor.
2. An accurate and sufficient capture of site records into the program (e.g. actual start and end dates, % complete, remaining duration, etc.) and accompanying narration of project as built progress leading to realistic forecast completion date(s).
3. The various changes and shifts in critical path(s) and other driving logic(s) made as a result of the dynamic challenges faced during the execution of various project activities throughout project lifecycle.
4. An adequate inclusion of delay events and the relevant EOT approvals, covering the various circumstances that projects typically go through, which results in slippage in the Project completion date.

 

What do you think is the best way to maintain program and site records? and how to leverage such awareness among project stakeholders?

 

N.B: This does not constitute legal advice.