One of our core papers focused on dispute management has been updated as part of a refresh for this part of the Mosaic web resources. Assessing Delay and Disruption – Tribunals Be-Ware was designed to help ADR and legal professionals understand the options available to disputants in assessing ‘delay’ to help them quickly cut through the fog of expertise present in many major disputes to achieve a speedy determination. It has also proved useful for both project and senior managers confronted with the need to defend or make a claim.
This paper is based on the AACE® International Recommended Practice No. 29R-03, Forensic Schedule Analysis (RP29-03), published 25th April 2011. Unfortunately, there seems to be an increasing divergence between this approach to delay claims which seems to be preferred in the USA and jurisdictions that follow US precedent, and the approach embedded in the Society of Construction Law Delay and Disruption Protocol, 2nd edition, which the UK courts and many Commonwealth jurisdictions, including Australia, are increasingly tending to prefer.
This update is a work in progress. To download this paper and others click through to: https://mosaicprojects.com.au/PMKI-ITC-020.php#ADD [1]
All papers are available for use free of charge under a Creative Commons licence.