For concurrent delay, do you look at cause? Or effect? Or both? “Effect” is the answer indicated by the Queensland Supreme Court in Civil Mining & Construction Pty Ltd v Wiggins Island Coal Export Terminal Pty Ltd [2017] QSC 85 (“Civil Mining”). Continue reading “BEING LATE FOR MANY REASONS”
Tag: concurrent delay
LOOK FORWARD OR LOOK BACK?
Causation of delay in construction disputes is usually the subject of expert evidence, in the form of a delay analysis of the project. The entire project duration is analysed, to establish the cause and effect of delay events encountered. The analysis is relevant to determine entitlements to extension of time (“EOT”) to complete the works, and compensation for delays. The perennial issue that commonly arises is whether the analysis should be prospective or retrospective. Continue reading “LOOK FORWARD OR LOOK BACK?”