Prepatration of an Extenstion of Time Claim and its Referral to Adjudication

Type of Project – Refurbishment and Extension

The project consisted of the refurbishment and extension of existing office premises in a major city centre. The contract sum was £4.5m and the contract terms and conditions was a standard JCT form of contract with the design liability of the employer.

Description of Issues

The Main Contractor (RM’s client) was experiencing substantial delays and the Employer (a developer) was levying liquidated and ascertained damages.

Entitlements or Liabilities

RM’s delay analysis supported an extension of time claim for a period of 32 weeks, but the employer remained firm with its deduction of liquidated and ascertained damages.

Assistance to the Main Contractor

RM provided the main contractor with commercial, contractual and delay analysis services throughout the adjudication process. The adjudicator’s decision provided for an extension of time of 27.4 weeks out of the claimed 32 weeks.