AUTHOR: Roberto Davide D’Agostino
TUTORS: Simone Bagnariol (Company Tutor)
INTERNSHIP: Rizzani de Eccher S.p.a.
MASTER: Master in “Contract, Claim, and Delay management in Construction Works” a.a 2019/2020
The delay within the complicated environment of construction is gaining increasing importance; an accurate and professional management of the delay likely results in a fair and reasonable assessment which may facilitate the Parties in negotiating and agreeing on amendments to the Contract rather than embarking in expensive legal proceeding which may divert from the construction and jeopardize the successful completion of the Project.
This thesis deals with a request for extension of time and additional cost on a Project for the construction of a residential complex in a European country.
The development of this request was necessary for the Company where i am employed as Contracts Manager, in order to recover its loss arising from the impact of certain events.
The request has been submitted in the form of a consolidated claim to cover different category of events and involves matters related to contract, claim and primarily delay.
The aim of this work was to assess the likely cumulative effect of certain events on the Project time for completion and cost. Such events consist of Covid-19 pandemic, design error and discrepancy (on a Construction Contract) under Employer responsibility, delay on Employer’s approval of shop drawings, delay caused by the Employer or Employer’s third parties, design changes instructed by the Employer.
In doing so, with the support of the Project team, i have prepared a significant amount of contemporary record, including dedicated notices for the occurrence of each event or group of events, defined a cut-off date as the date up to which the delay events have been assessed and developed a delay analysis considering the guidelines of the Society of Construction Law (Delay and disruption protocol), and by using one of the most common planning software (as Microsoft Project).
The request comprised of a claim submission letter, an introduction of the claim, an executive summary including the results of the analysis, the contract overview and contractual basis, the factual basis, the delay analysis methodology and results, the cost analysis and results, the conclusion and a list of supporting documents.