Driver Trett Digest Issue 26 - Flipbook - Page 30
DEMYSTIFYING
CAUSE AND EFFECT
Paul Mullen, Associate Director
Dubai, Driver Trett UAE
The complex nature of construction
and engineering projects often
leads to delays that impact the
completion date of a project. The
provisions of the contract may
enable the contractor to apply for
an extension of time (‘EOT’) for
completion.
Ultimately, the burden of proof is
on the contractor to evidence the
cause of the delay on a project and
the effect such delay has on the
completion date.
This article discusses several of
the essential elements required
for substantiating the cause of the
delay(s)and the subsequent effect
of the delay on the completion date
of a project. We also consider good
practice and recommendations
to enhance the potential for
succeeding with a claim under a
contract.
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THE CAUSE
A cause is an event that has occurred which may give rise to a claim for
relief under a contract. Typical examples of which are, regardless of where
the project might be located across the globe:
Late issuance of an instruction / drawing.
Late access to site.
Unforeseeable physical conditions.
An instruction to vary the works.
Issue of revised drawings / information.
Exceptionally adverse weather conditions.
Force Majeure.
Change in legislation.
Acts of prevention / delays by the Employer and/or its agents.
Delays by Authorities.
The above list is not exhaustive but provides details of some of the ‘usual
suspects’. The basics of clearly drafting the narrative of an event that has
occurred can often be lost when drafting an EOT claim. It is important for
the narrative of the event to be drafted in a clear and structured manner,
such that a person who is not involved in the project may understand the
event.