4/27/23, 8:34 AM Mail - Hanafi Bin Hamdan - Outlook

Delay Claims
Timothy Chong Meow Fong <meowfong.chong@tanchonggroup.com>
Wed 26-Apr-23 8:15 AM
To: Yap Kian Foh <kianfoh.yap@tanchonggroup.com>;Chai Lea Tak <leatak.chai@tanchonggroup.com>;Ng
Kok Ming <kokming.ng@tanchonggroup.com>;Yow Yong Siang <yongsiang.yow@tanchonggroup.com>;Tan
Ying Hoo <yinghoo.tan@tanchonggroup.com>;Kavitan AL Harikrishnan
<kavitan.harikrishnan@tanchonggroup.com>;Bikhairin Ihdzar Bin Yaacob .
<bikhairin.ihdzar@tanchonggroup.com>;Poh Ving Ming <vingming.poh@tanchonggroup.com>;Toon Lai
Fong <laifong.toon@tanchonggroup.com>;Jacynthia Vycitra Eh Sai
<jacynthia.vycitra@tanchonggroup.com>;Hanafi Bin Hamdan <hanafihamdan@tanchonggroup.com>;Nurul
Nadiah Binti. Abdul Malik <nadiah.malik@tanchonggroup.com>;Yip Yee Wen
<yeewen.yip@tanchonggroup.com>;Mohamad Nizam Bin. Sarif <nizam.sarif@tanchonggroup.com>
Cc: Gerald Lim Hang Wei <hangwei.lim@tanchonggroup.com>
Dear Team,

Just sharing some information below:

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A perfect “Delay claim” isn’t something everyone is capable of preparing.

Some delay claims don’t contain the essential elements or have an appropriate framework.

So, every submitted claim doesn’t mean that it has a good chance of success.

It’s important to understand that, claims get results most definitely because of their accurate structures
and functions.

Here are some “Red Flags” that show a “Contractor’s Delay Claim” is not well-prepared.

RED FLAG #1: The Delay is Non-Excusable

The Contractor cannot demonstrate that the delay is excusable.

Because;

➤ The Contractor can foresee the delay

➤ The causes are “the fault or negligence of the Contractor”
➤ The causes are not “beyond the control” of the Contractor

RED FLAG #2: The “Cause” is Unclearly Defined

The Contractor cannot establish the causal connection between the delay event and the critical delay to
completion.

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4/27/23, 8:34 AM Mail - Hanafi Bin Hamdan - Outlook

This probably depends on the availability and quality of the Contractor’s records, witness evidence and
critical path analysis.

RED FLAG #3: Non-Compliance with the Notice Requirements

The Contractor doesn’t give a valid Notice of Claim;

➤ After becoming aware

➤ Within the required time identified under the Contract

RED FLAG #4: The Delay is Non-Critical

The delays affect the progress but have no ultimate effect on the project’s completion date.

RED FLAG #5: The Delay Analysis Method is Improperly Selected

The delay analysis method is not chosen in accordance with the;

➤ Quality of the records

➤ Circumstances of the Claim
➤ Value and Nature of the project
➤ Quality of the programme information

RED FLAG #6: The Delay Analysis Method is Applied Incorrectly

The delay analysis method doesn’t involve;

➤ Proper assumptions, evaluations and analysis

➤ An in-depth review of the project documentation related to the delay event and its impacts

Being aware of the critical points will help you prepare effective claims.
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Regards

Timothy Chong

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4/27/23, 8:34 AM Mail - Hanafi Bin Hamdan - Outlook

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