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Delay computation

5 replies [Last post]
Sooraj G Othayoth
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Hi,
How do u calculate the individual delay if more than one activity drives the start of another.

Replies

Sooraj G Othayoth
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Thanks Jonathan, it was definitely helpful.
Jonathan Kirby
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Sooraj
Ther is a related Thread whic may hel or may confuse in ’Contract Claims and claims assessment - Concurrent delays approaches’.
To assess your situation the first port of call is the contract. this will define when and how any "Entitlement" to Extension of Time is applicable and will also define when and how any pament of costs and proffit may become due to you.
Secondly consider the facts and map them out, good records are essential , without being too complex or going into excessive detail.
depending on the contract the parallel delay can give you entitlement to EOT due to employers default , but no costs due to your own parallel delay.
Another key thing in assessing parallel delay is the relative significance of the two delays and increasingly these days common sense and fairness come into play and [particularly in attributing costs] the relative merit of each delay is considered.
A trivial but technically correct paralllel delay used as an excuse to mask another delay is likely to be found out and debunked. If they are of equal merit you will probably get the EOT and relief from LAD’s on project end dates but costs may remain where they lie, i.e. each party has to bear their own costs.
Hope this helps.
Regards JK
Rick Moffat
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What you are discussing is concurrent delay, which is one of the more difficult areas of delay analysis.

Generally, if both delays are of equal length then neither can seek reimbursement from or punish the other.

If one delay is longer than the other, the party that finished first can only claim for the time when it was being held up by the other party AND was not delaying the project itself.

Proving concurrent delay requires a very detailed analysis of the causing events. You have to be sure to watch for "pacing" situations where one party simply isn’t proceeding with the work because it knows that the other party is delaying the job. This is may be a valid reason for someone to delay its work (Why hurry to finish the work if you have to wait once you are complete).

Rick Moffat



Sooraj G Othayoth
User offline. Last seen 16 years 24 weeks ago. Offline
Joined: 29 Dec 2004
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JK, Sorry for the "delay’ in replying. I have a case where there is an employer delay and a contractor delay to the start of an activity. Can the contractor claim for delay from the employer if the employer delay overlaps with the contractor delay?
sooraj
Jonathan Kirby
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Sooraj
Please can you explain in more detail what you are trying to do.
JK