A technical issue that the JCA Forensic team is often asked to consider is, “What is the most appropriate methodology to adopt when analysing a delay to a project”.

This is NOT an easy question to answer, and will depend on a number of factors.

However one very imporatant factor in selecting one of the main methodologies (ie impacted-as-planned, or Collapsed-as-built, or as-planned v as-built, or time-impact, etc) is the form of contract used on the project between principal and contractor.

ie some forms of contract provide the contractor entitlment to relief from delay (EOT) only where the contractor can prove actual delay to completion. Whereas other forms allow for relief for the “likely effect of a delay risk event”.

JCA would normally consult with their clients legal team (where available) to assess the relevant form of contract before finalising a delay analysis methodology.

Other matters to consider prior to deciding on a methodology, include:

Factual material available
Nature of proof required
Complexity of the delay event(s)
Quantum of Delay events

This entry was posted on Tuesday, November 11th, 2008 at 9:19 am and is filed under Blog. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.