Clause 20.4 - Obtaining Dispute Adjudication Board’s Decision
“If a dispute (of any kind whatsoever) arises between the Parties in connection with, or arising out of, the contract or the execution of the Works, including any dispute as to any certificate, determination, instruction, opinion or valuation of the Engineer, either Party may refer the dispute in writing to the DAB for its decision, with copies to the other Party and the Engineer. Such reference shall state that it is given under this Sub Clause."

Concurrency - What does it mean?
Hudson’s Building and Engineering Contracts (10th Edition)., 1 st Supplement - refers to this problem as follows:
“First, different causes of delay may overlap, and this will be intellectually troublesome if one is an event justifying an extension and one not; e.g. information or access may not be available, but due to culpable delay or an event not justifying an extension, the contractor would not have been able to take advantage of them if they had been” (at p. 639)

A concurrent delay is therefore a delay to completion where at least one of the causes of the events which cause delay is at the contractor’s risk. Whereas a parallel delay is a delay to completion involving at least two events neither of which is at the risk of the contractor.

Which creates a bit of a dilemma - Can we agree at the time of a claim event what is the critical path? Especially, if the critical path has changed due to a previous contractor delay, is the employer still culpable for his delay?

Delay & Disruption are measured relative to the Based Line Programme approved by the Engineer or Project Manager.

The process

• Analyse delays both your own, those that have been caused by the Employer and neutral delays
• Disruptions slow the progress down
• Assess these as a Percentage Production Loss over the duration of the activity

Retrospective Delay Analysis (key points)

• ​Correct Programme logic
• Reconcile and level critical resources
• Upgrade from Microsoft Project - you cannot use MSP for a retrospective delay analysis
• Agree Programme with Engineer (if you can)
• Impose delays into activities that they affected
• Identify concurrency
• Apply “But for” test
• Identify float usage

Clause No: 1.9 - Delayed drawings or Instructions
Event - Late drawing or instruction
Notice - 1.9 Reasonable notice to supply + further 8.4 & 20.1 (28 Days)
Claimable - Cost + Profit
​
Clause No: 2.1 - Right of Access to the Site
Event - Contractor delayed by failure by Employer to give access/possession
Notice - 8.4 & 20.1(28 Days)
Claimable - Cost + Profit