Delay Analysis and Time: Capability Statement
An Overview of 10 Case Studies
Services: Delay Analysis
Categories: Commercial, Contractual, Planning & Programming
1. One Palace Street, London
This was a high value residential building immediately adjacent to Buckingham Place.
a. Contract Value: £184,000,000.00
b. Scope of Experts Instruction: The role was an Expert Advisor, and the scope included the preparation of programmes, progress reporting and Delay Analysis Work, with an overall focus of avoiding a formal Dispute. Ramskill Martin’s instruction involved input by Solicitors and main board of Directors due to the high profile of the project.
c. Impact of Experts Input: Ramskill Martin’s Delay Analyst worked with the Client and their Solicitors Team to achieve a commercial settlement and to avoid a formal Dispute.
2. Expert Advice Report
(Responding) for an Adjudication for Delays related to a New Bridge and Platforms (Rail)
a. Contract Value: £8,000,000.00
b. Scope of Experts Instruction: Ramskill Martin was instructed to provide an Expert Advice Report (Responding) for an Adjudication commenced by a Sub-Contractor. The Sub-Contractor claimed 25 weeks for delays related to its M&E package/ Ramskill Martin acted for the Main Contractor (preparing a new bridge and platforms) prepared a delay report establishing that the Sub-Contractor was responsible for all the delay suffered.
c. Impact of Experts Input: In the Response our Main Contractor client defended the prolongation claim presented by the Sub-Contractor (£700,000.00) and enabled the Main Contractor to progress a counter claim for delays in excess of £1,000,000.00 against the Sub-contractor which the Adjudicator awarded £750,000.00.
3. Expert Advisory Report (Responding for an Adjudication)
Local Authority (Our Client) v Main Contractor – Northern England Refurbishment.
a. Contract Value: £ 6,300,000.00
b. Scope of Experts Instruction: Ramskill Martin provided an Expert Advisor Report (Responding) for an Adjudication referred by the Main Contractor. The Main Contractor claimed an Extension of Time of 64 weeks with Loss and Expense of £1,300,000.00.
c. Impact of Experts Input: The Adjudicator awarded 19 weeks Extension of Time (a reduction of 45 weeks from claimed) and awarded £85,000.00 in Loss and Expense. Ramskill Martin's Report significantly reduced the Employer’s (Ramskill Martin’s client) exposure.
4. Baker Street, London
Developer (Ramskill Martin’s Client) v Main Contractor – Luxury Apartment Block
a. Contract Value: £5,800,000.00
b. Scope of Experts Instruction: Provide an Expert Advisor Report (Responding) for an Adjudication referred by the Main Contractor. The Main Contractor claimed an Extension of Time of 88 weeks with Loss and Expense of £880,000.00.
c. Impact of Experts Input: The Adjudicator awarded 22 weeks Extension of Time (a reduction of 66 weeks from claimed) and awarded £160,000.00 in Loss and Expense. Ramskill Martin’s Report significantly reduced the Employer’s (Ramskill Martin’s client) exposure to damages and opened the way for a claim for Liquidated Damages which finally resulted in a final account settlement and a positive payment from the Main Contractor to the Employer.
5. 60 Curzon Street, London
This was a Multi-Storey Residential Building with several floors below ground.
a. Contract Value: £100,000,000.00
b. Scope of Experts Instruction: Ramskill Martin’s instruction involved input by Solicitors. The role was an Expert Advisor, and the scope included the preparation of programmes, progress reporting and Delay Analysis Work, with an overall focus of avoiding a Formal Dispute.
c. Impact of Experts Input: Ramskill Martin’s Delay Analyst worked with the Client and his Solicitors Team to achieve a commercial settlement and to avoid a Formal Dispute.
6. Chelsea Waterfront, London
This was various buildings including a 34-storey residential building.
a. Contract Value: £34,000,000.00
b. Scope of Experts Instruction: Expert Advisor and Claim Preparation/Risk Analysis in respect to multiple delays on a “High-End” Apartment Block in Chelsea Harbour. Ramskill Martin prepared a claim submission to assist its client (the Main Contractor) in their negotiations with the Employer. The Main Contractor's claim was for 27 weeks and Loss and Expense of £2,150,000.00.
c. Impact of Experts Input: The claim submission brought matters to a conclusion with the Employer awarding a full Extension of Time and payment for Loss and Expense of £1, 560,000.00.
7. Pipeline and Infrastructure Adjudication
a. Contract Value: £3,800,000.00
b. Scope of Experts Instruction: Ramskill Martin prepared an Expert Report for a dispute between a private company (Ramskill Martin’s client) and a Main Contractor. The dispute was under an NEC3 Contract. The Main Contractor was claiming 500 days under numerous (80 Nr.) compensation events.
c. Impact of Experts Input: Ramskill Martin’s Report concluded that the Main Contractor was entitled to 112 days in total and the Adjudicator awarded 126 days.
8. Expert Witness (CPR 35)
Instruction for a Delay Analysis of Piling Works on a Housing Scheme
a. Contract Value: Circa £600,000.00 (Due to the nature of our instruction and engagement we did not have sight of the contract sum)
b. Scope of Experts Instruction: Provide a Single Joint (CPR 35) Delay Expert to address the issue of liability, if any, in relation to delay to the project caused by Piling Works carried out by the Claimant.
c. Impact of Experts Input: Following the submission of our Expert Report the Judge stated that it was comprehensive and detailed, and the Courts did not need Ramskill Martin’s Expert to attend the hearing.
9. Main Contractor Dispute in Respect to the Restoration of a Bridge
a. Contract Value: £3,400,000.00
b. Scope of Experts Instruction: The role was as Expert Advisor (on a NEC3 Contract) and the scope included preparation of a Delay Analysis Report, with an overall focus of identifying entitlement to additional time and to avoid a formal dispute.
c. Impact of Experts Input: The impact of the Delay Analysis Report (Time Impact Analysis) was to identify that the Main Contractor was entitled to a change to the completion date by an additional 144 days.
10. The Madison, Canary Wharf, London
A 54-storey mixed use building.
a. Contract Value: £152,000,000.00
b. Scope of Experts Instruction: Although Ramskill Martin’s instruction was initiated by Solicitors, the role was an Expert Advisor. The scope included the Claim preparation in relation to the MEP Sub-Contract Work, with an overall focus of avoiding a Formal Dispute.
c. Impact of Experts Input: The Client achieved its objective of settling all the differences and at a sensible realistic level without the requirement for a formal process.