In the world of construction, delays are rarely just an inconvenience, they can quickly become high-value disputes that put serious pressure on project relationships, cash flow, and reputations. Whether you are an employer, contract administrator, main contractor, or sub-contractor, knowing how to manage the contractual and evidential aspects of a delay claim can make the difference between a fair resolution and a costly mistake.

As leading experts in construction delay and disruption claims, we have advised on some of the largest and most complex projects across the UK and Ireland. Our experience spans extensions of time, loss and expense claims, and defending against liquidated and ascertained damages, making us trusted advisers for employers, contractors, and subcontractors navigating high-stakes disputes.

 

Why Delay Claims Arise

Even the best-managed projects encounter unforeseen events: adverse weather, supply chain disruptions, design changes, or late approvals. While the causes vary, the contractual consequences are consistent; time, money, and often liquidated and ascertained damages (LADs).

 

Three Core Strategies for Managing Delay Claims:

1. Protect Your Position Early

Delay claims succeed or fail on the strength of their records. Early and proper notification is not just good practice; it’s often a strict contractual requirement. Missing these deadlines can wipe out an otherwise valid claim.

2. Evidence and Assessment Matter

Detailed programmes, contemporaneous records, and cost substantiation form the backbone of a credible claim. Equally, when defending against a claim, probing the logic, methodology, and causation analysis is key to rebuttal.

3. Understand the Contractual Landscape

Many standard forms of contract contain similar delay provisions, but the devil is in the detail. Knowing how your contract addresses extensions of time, loss and expense, and LADs allows you to make informed decisions when a delay event occurs.

 

The Practical Reality

In the past several years, Stephen has seen millions of pounds and euros at stake in delay disputes. These are not abstract problems, they have real commercial impact, and often the best outcomes come to those who are prepared, proactive, and procedurally correct from day one.

If you are experiencing delay or disruption on your project, or want to learn more on the topic, please get in touch with Stephen McKenna at stephen.mckenna@hf.law.