Forensic Claims Analysis

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Are pandemic related supply chain delays over? shouldn't they be?

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Forensic Claims Analysis

Are pandemic related supply chain delays over?  shouldn't they be?  Yes. you can still try - and things are now taking longer than before, but that is the new normal - not pandemic related.  "Supply chain delays" - seems tricky, and good resources?  how do you tackle suppliers that sandbag delivery durations?  You cannot go and see it being made, because you are "in-line", not in production until the end of the procurement duration.  What is your biggest carrot and stick to get them to share info?

 

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"What if" contractor 6 months behind, then essential procurement item 9 months behind? construction acceleration?

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"What if" contractor 6 months behind, then essential procurement item becomes 9 months behind?  Is it unfair construction acceleration if the contractor is still pushed for overtime and accelleration even though there is a worse delay than the original - & that being a essential procurement item (like elec switch gear) that cannot be accellerated?  They are late, but they are also then  hurring just to wait...?  Is that unfair constructive accelleration - I am guess not but I do not know.  I assume the Owner goes after the GC for LD's and the GC goes after the s

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Assessing Delay and Disruption Updated

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Forensic Claims Analysis

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.

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Dispute management and forensics update

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Forensic Claims Analysis

As part of a 2023 project to look at the diverging legal approaches to assessing delay and disruption in projects, we’ve been busy updating out web pages:

Dispute Managementpage looks at contract dispute management from the perspective that preventing disputes is better than resolving disputes. But when a dispute arises you need to know how to respond effectively: https://mosaicprojects.com.au/PMKI-ITC-014.php

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Final EOT Entitlement Calculation

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Forensic Claims Analysis

As per the delay anaysis total 4 months delay happened. Contractor is responsible for 3 months and owner responsible for 1 month. 

Is contractor entieled for time extension for this 1 month delay by owner.

How to calcuate final delay assessment after the cases like this?  

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Who is legally to blame for Permit Delays? What if a city is taking un-usually long?

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Who is legally to blame for Permit Delays?  What if a city is taking un-usually long?  I assume the party contractually responsible to get the permit but what if the City is taking a really long time?  Is there an average or legal limit?

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Do you have to "live with" non-sense logic or durations (in delays) just because it was approved in the baseline?

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Forensic Claims Analysis

For example, in the last 90 days of a project the contractor had 45 days brick pavers, the FS 45 days landscaping.  What if both items will only take 20 days and can very easily be done at the same time?  Do you have to leave that 90 days because approved in the Baseline and you can touch it because you cannot direct "means and method" or can you call "bs" (that it is wrong) and have them reduce the remaining duration and fix the logic?

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Variation exceeding 15% (Clause 52.3 Fidic) Looking for an equal Clause in CCDC 2 (Canadian Construction Contract)

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Forensic Claims Analysis

Hi All

Anyone who is conversant with CCDC 2 (Canadian Construction Contracts) should be able to help me out. 

Question

I am looking for an equivalent of FIDIC Clause 52.3 (Variation Exceeding 15%) in CCDC 2

 

FIDIC Clause 52.3

allows the Contractor and Engineer to discuss and agree a lump sum addition or deduction to the Contract Price when the additions/deductions are more than 15% of the "Effective Contract Price"

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Days Due vs Days needed - what if you when you add up delays each month it is way more than needed?

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Forensic Claims Analysis

Days Due vs Days needed - what if you when you add up delays each month it is way more than needed?  -  So do you have to give an extension for way more days than necessary just because there was fat in schedule, or they are able to condense the work?  If they will be done with a job in 20 days, do you have to give an extension for 60 days because that is what all of the delays added to? - obviously the "effect" was less than the raw numbers.

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Delay Calendar Days vs Effect Calendar Days (delays days less important & which methods discussed Effect Days)

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Forensic Claims Analysis

Delay Calendar Days vs Effect Calendar Days (delays days less important & which methods discussed Effect Days) Just because a procurement took 246 days to arrive doesn't mean it effected the project 246 Calendar Days.  Is there an RP format to show this?

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