Matt has had an article published in Construction Manager magazine.
The article examines a case of a residential project in which the client seemingly failed to take advice with regard to contract administration and management of the project. They then subsequently ignored the advice of the legal professionals engaged. Sadly, had professional advice been taken (and listened to) the outcome may well have been different.
With little in the way of contract or contract administration in place, the construction project started in July 2018. As the project progressed, changes in both the substance and specification of the project were instructed and the completion date was inevitably missed. The project came to an “acrimonious” end in March 2019, and after instructing two solicitors, Ms Wild eventually went on to represent herself in court.
In court, among the many arguments over contractual issues and repudiation of contract was a discussion around the delay to progress and subsequent completion.
The judge pointed out: “Whilst this is very far from a major construction project, it is not an easy task for a court to make clear findings as to the causes of delay in circumstances where:
- there is not very much in the way of contemporaneous documentary evidence;
- no independent contract administrator was appointed who undertook a contemporaneous analysis of the causes of delay;
- neither party has undertaken a detailed retrospective analysis of the causes of delay and their impact upon the critical path of works necessary to achieve completion; and
- there is no expert evidence in relation to delay.”
Read the full story in Construction Manager Magazine here.
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