Defending Delay Damages Claims
Apart from e.g. the grinding detail of analysing delays to progress and completion of the works to establish which are critical and who bears responsibility for them, in order it may well be possible, subject to the terms of the contract concerned, to ‘break the back’ of the contract or subcontract concerned, so far as the time for completion of the works is concerned, in order to successfully render time for completion of the works ‘at large’.
It may even be possible to successfully argue that the onus of responsibility for showing what a reasonable time for completion is, is e.g. in a main contract situation, the owner’s responsibility (and not the main contractor’s responsibility) and in a subcontract situation, not the subcontractor’s obligation, but that of the main contractor. Tactically this can be very beneficial.