The Great Delay Analysis Debate

Dr Julian Critchlow, Alastair Farr, Steve Briggs, John Hammond, Keith Pickavance and Professor Anthony Lavers

March 2006

A series of papers first presented by the Society of Construction Law, in association with the Centre of Construction Law & Management King's College London, at King's College on 18th October 2005.

Following on from the publication of SCL's 'Delay and Disruption Protocol' in October 2004, there has been continued debate about the issues that arise in the context of delay to construction projects - one of the commonest causes of dispute. The motion before the house was, 'This house considers that the time impact method is the most appropriate for the analysis of delay in construction disputes'. The debate was based on a typical construction scenario; the protagonists presented divergent views, basing their arguments on different delay analysis methodologies. Dr Julian Critchlow introduced the debate, explaining the background, following which Keith Pickavance explained the delay scenario providing the underlying factual basis for each of the methods of analysis. Alastair Farr set out the Contractor's claim using the impacted as-planned method of analysis, followed by Steve Briggs for the Employer defending the claim using the as-planned versus as-built method. The Engineer, John Hammond, gave his decision using the collapsed as-built method. The parties being far apart, they agreed to go to adjudication, and Keith Pickavance set out his advice to the Adjudicator using the time impact method. The Contractor, Employer, Engineer and Adjudicator's adviser were then all given an opportunity to respond. By way of Epilogue, Anthony Lavers comments on the results of the debate. .

The authors: Dr Julian Critchlow is a partner of Fenwick Elliott solicitors; Alastair Farr is a regional director of Trett Consulting; Steve Briggs is an associate director and head of planning at Brewer Consulting; John Hammond is a consultant delay analyst; Keith Pickavance is chairman of Pickavance Consulting Ltd and Professor Anthony Lavers (chairman of the Society 2004-2006) is director of research at Keating Chambers and works in the London office of US law firm White & Case.

Text: 54 pages

PDF file size: 1.8MB (note large file size)