A delay claim is a request by a contractor or subcontractor for an extension of time, additional payment, or both, because of delays experienced during the construction of a project. Delays may arise from unforeseen circumstances, changes in the scope of the project, or other factors outside the contractor’s control that were not allowed for when the contract was priced and agreed.
From a quantity surveying point of view, a delay claim typically involves the following:
- Identifying the cause of delay: analysing the events or circumstances that led to the delay, such as design changes, exceptionally adverse weather or unexpected ground conditions.
- Evaluating the impact: assessing the extent of the delay and its effect on the programme, cost and overall performance of the project.
- Establishing contractual entitlement: reviewing the claim against the relevant contract provisions, such as relevant events, variations, compensation events or force majeure, that may allow an extension of time or additional payment.
- Documentation and substantiation: the contractor is usually required to provide evidence supporting the claim, such as correspondence, programmes, progress reports, photographs and other records.
- Negotiation and resolution: the parties, including the quantity surveyor, client and contractor, work together to reach a fair and reasonable settlement, which may involve an extension of time, an adjustment to the contract sum, or both.
Delay claims play an important role in managing construction projects, as they allow contractors to be fairly compensated for events at the client’s risk and allow the programme and budget to be adjusted accordingly. Quantity surveyors play a key role in evaluating, negotiating and resolving delay claims, helping to keep a fair balance between the interests of clients and contractors.
