How to address construction claims for performance delays

Baker Tilly disputes advisors outlined strategies to overcome schedule delay issues at a recent American Bar Association Disputes Resolution Committee meeting in Washington, DC.

The presentation reinforced working effectively with a delay consultant to ensure that a high-quality work product is delivered on time and on budget.  Remember the following tips when preparing your next delay case:

  1. Delay analysis methods differ. Since not all delay analysis methods are the same, it’s important to ensure that all technical, contractual, and strategic case requirements are met by the chosen analysis methods. 
  2. Don’t attempt to recreate reality. The extent to which ANY delay analysis—even an analysis which is rigorously prepared and technically sound—is supported or contradicted by the contemporaneous records can have a big effect on its overall credibility and defensibility.
  3. Proceed with caution. Understand key areas where delay analyses can, and often do, fail to meet the standard of proof and how to spot such problems early.

For more information on this topic, or to learn how Baker Tilly government contractor specialists can help, contact our team.