Defusing Delay Claims

by Lee Schumacher, P.E., Senior Consultant; High-Point Rendel, Rocky Hill, CT,


Serial Information: Civil Engineering—ASCE, 1997, Vol. 67, Issue 3, Pg. 60-62


Document Type: Feature article

Abstract:

Many contractors, owners and design professionals are finally becoming aware of and sensitive to high cost and substantial risks associated with litigating delay claims. As a result, the construction industry has spawned new ideas focused on their prevention and more efficient resolution. Two of the most notable are partnering and alternative dispute resolution (ADR). In addition, more sophisticated delay evaluation techniques have evolved to combat creatively constructed opinions with fact-based determinations of the impact, if any, of the late decisions and other delays alleged to be attributable to the design professional. It is now possible for design professionals and their attorneys to shape a future where the likelihood of delay claims is decreased and the costs of resolving those that do occur are minimized.

Subject Headings: Claims | Architect/Engineers | Project delay | Dispute resolution | Benefit cost ratios | Owners | Litigation

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