Construction Delay

• Excusable and Non-Excusable

• Compensable and Non-Compensable
• Critical Vs Non-Critical
• Concurrent and Non-Concurrent
 Excusable and Non-Excusable
Excusable :
• Acts of GOD, Fire, Flood
• Owner Change
• Errors or omission in the plans
• Concealed or unforeseen conditions
• Intervention by outside agencies
Contracts offer EOT, not cost
Employer never assess LD/Delay
 Non-Excusable Delay
• Default of the contrcator
• Inadequate resources
• Poor Performance
• Poor Safety
Compensable and Non-Compensable Delay

• Delay caused by the employer that has

impacts on the critical path and adds extra
cost
• Non-compensable : Excusable
 Delay Analysis
• Legal Analysis
• Factual Analysis
• Common sense Approach
 FIDIC Delay Process
• Identification of Delay
• Entitlement to Claim
• Notice of Claim
• Engineers initial response
• Fully Detailed Claim
• Interim or Fully Detailed Claim
• Agreement of Determination of claim
 Claims Process
• Notice of Claim ( as soon as practicable),
became aware, should have been aware
• Time bared claim, condition precedent
• No claim within time bar, disregarded
• Otherwise ; notice is not the only notice
• Contemporary records
• Detailed Claim
• Determination
 Variations
• Instruction by the Engineer
• Request for Proposal from the Contractor
• Value Engineering Proposition
 Reasons of Variations
• Change in quantities
• Change in quality
• Change in dimension/level/position
• Omission of any work
• Add any materials, plants, works necessary for
permanent works
• Changes in timing and sequence of works
• Readily available
 Payment
• Advance Payment
• Interim Payment
• Final Payment
• At Site Materials Payment