Seminar on Delay Analysis in Construction

Introduction

Claims for “delay and disruption” represent a common feature of construction disputes.^[1]

The first requirement for presentation of any claim is a proper analysis of facts. There is a natural and traditional tendency in relation to delay and disruption claims to assume that the task is impossible, and therefore, to avoid even trying to make a proper analysis.^[2]

Delay events are significant issues in construction projects. Delays in the construction industry often refer to multiple aspects, defining the entire project and putting various obstacles in the way of agreed completion dates.

In this seminar, we will explore basic concepts of delay analysis to understand better a practice that is sometimes referred to as a “dark art”.^[3]

The session aims to assist lawyers, in-house counsel, project managers, planners/schedulers, and contractors by clarifying the basic concepts and how delay analysis can support the submission of delay and disruption claims.

The session will cover the following main topics:

• Short introduction on delay analysis.
• The concept of critical path: basic principles and identifying critical paths.
• The critical path and longest path concepts.
• The concept of critical delay and categories of critical delays.
• Prospective vs retrospective delay analysis methodologies.
• How to read a programme of works.
• How counsel can avoid situations where the delay experts provide different opinions on the same matter.

[1] Keating on Construction Contracts 9^th Ed., Chapter 8 – Delay and Disruption Claims, 2012.

[2] Establishing Claims for Damages, Costs and Interest in International Arbitration, Sir Vivian Ramsey, 2011, American University International Law Review Volume 26, Issue 5.

[3] Beware of the dark arts! Delay analysis and the problems with reliance on technology, David Barry, 2009. A paper presented at the SCL International Conference held in London.

No. of Public CPD Points: 2.0
Practice Area: Building & Construction
Training Level: General

HKA Speaker

Andrei Soltan
Principal, Country Manager and Delay Expert, HKA

Andrei is a mechanical engineer and an accredited expert with nearly 13 years of construction and civil engineering experience. His expertise has been gained from working for both consulting and contractor organisations and on a wide range of national and international projects, ranging from offices, oil and gas, petrochemical, offshore, building, civil engineering infrastructure and technology projects.

Andrei has provided independent expert testimony on matters of delay and disruption to Dispute Adjudication Boards and an ICC arbitration proceeding. He has been cross-examined by leading specialist construction and engineering lawyers.

Andrei has been recognised as a Future Leader in Who’s Who Legal (WWL) 2019, 2020, 2021, 2022, and 2023 Arbitration Expert Witnesses, Construction Expert Witnesses, and Experts-Construction – Quantum, Delay & Technical categories. WWL says:

“Andrei Soltan is singled out by market sources as ‘a true expert in the delay analysis field’ thanks to his ‘excellent analytical skills’ and ‘clear and logical thinking’.”

“Andrei shows impressive skill in the analysis of project scheduling, preparation of reports and presentation of his findings. He has an exceptional ability to appreciate what needs to be done and thereafter execute the consequential requirements.”

Should you have any questions on the seminar topic or registration, please contact CrystalLim@hka.com.