Package includes:

On Demand Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

• $149 - NZLS members and Associate members
• $179 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

On Demand Module

Delay claims can be a very technical and complex part of being a construction lawyer. They are also a very common source of disputes between parties to construction contracts because of the significant costs of projects running over time. This module will provide the perspectives of a construction lawyer and a delay expert and will help with understanding the potential issues arising in this area and how to analyse them.

Learning objectives

By completing this module you will:

• Be provided with unique perspectives from construction lawyers and a delay expert.
• Gain an understanding of the key features of a robust delay analysis and how to ensure that delay evidence is clear, credible, and persuasive.
• Be more conversant with the issues that may arise for lawyers and delay experts in the life cycle of a delay and/or disruption claim from receiving instructions through to advancing the claim in relevant proceedings.

Electronic paper 

Authors: Jared Holt, Emily Simnor
Published: 8 February 2023
Pages: 49

Introduction

Friday afternoon, and the phone rings. A construction client has had enough. A project that they have been working on for more than two years has reached tipping point. The parties have exchanged various correspondence about the contractor’s claims for extensions of time and additional costs, but discussions have now seemingly broken down. The contractor wants to commence proceedings or at least elevate the matter to a more formal claim process.

You satisfy the formalities for engagement and make arrangements for initial documents to be sent to you early the following week. You leave the office with a sense of satisfaction and expectation to be engaged in such an interesting matter.

Monday morning. Over the weekend, the contractor has sent 50 or so emails, many of which contain spreadsheets and other information, which may be difficult to decipher. The contractor has asked for a meeting early in the week to get an indication of their chances of success. Friday’s euphoria starts to feel more like a slight sense of Monday overwhelm.

The decisions made in the ensuing days may be very important to whether the claim progresses in an efficient and cost-effective manner, or whether in six months time the parties are talking at cross purposes and grappling with disputes on facts, competing expert analyses (that do not provide “apples for apples” comparisons), and legal issues without much prospect of reaching a resolution in the near future. (contd...) 

PowerPoint Presentation

These are the slides included in the presentation.