Delay dispute under NEC3 form on urban tunnelling project resolved by adjudication

UK - London | Water & Utilities | Expert Services

Time-distant from the delay events, Vantage Three was instructed to independently and objectively assess any delay to the Completion Date and Key Dates caused by compensation events by making an assessment in the same way as a compensation event is assessed. 

Accordingly, Vantage Three's expert applied Time Impact Analysis technique with particular emphasis on verifying both actual progress and the contemporaneous plans for remaining work, with reference to the available facts. 

The Delay Expert for the Responding Party also applied the Time Impact Analysis technique but with selected changes to the contemporaneous programmes borrowed from the as-built record. 

The adjudicator preferred the opinion of Vantage Three's expert and its true contemporaneous context.

The correct approach to delay analysis under the NEC forms when time-distant from the events is a thorny issue. In this matter, in which a retrospective alternative was not presented by the parties (nor by their Experts), the adjudicator preferred a rerun of the relevant mechanisms set out in the NEC form.