Top Tip 3 – delay and disruption claims

The third top tip in relation to delay and disruption claims is about recording disruption. Claims for disruption live and die by the contemporaneous factual evidence.

Employers should check if they have been notified of a disruption claim and make sure they are regularly reviewing project records and correspondence, and if needed setting the story straight as soon as possible.

Contractors should note that to bring a disruption claim they need to show the nature, cause and effect of disruption. This means recording disruption in the project records, so there is evidence of which work activities were affected, when they were affected and what the contractor had to do to deal with the disruption. They should also make sure that employees are recording the facts of disruption and its extent in records such as minutes, progress reports, site diaries and allocation sheets. The disruption needs to be recorded at the time it happens, and not months or even years later, when it will be far less credible. The employer should also be made aware of the facts of disruption, so it has an opportunity to dispute it. If it doesn’t do so at the time that will make the contractor's version of events that much more compelling.

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