Types of delay claims we advise on
Our team regularly advises on the full range of delay-related issues across building, infrastructure, residential and commercial developments, energy and engineering projects.
- Extension of time claims, time risk allocation and prevention principle arguments
- Loss and expense, prolongation and head office overhead recovery
- Disruption and loss of productivity, including measured mile analysis
- Acceleration agreements and claims, instructed and constructive acceleration
- Liquidated and ascertained damages, enforceability and penalty challenges
- Compensation events under NEC contracts and change management under JCT
- Variations, design development and late information release
- Force majeure, exceptional adverse weather and change in law events
- Supply chain delay, materials shortage and labour availability
- Concurrent delay, apportionment and cause and effect analysis
Causes of delay and proving causation
At the heart of any delay claim is causation and linkage to the critical path. Robust contemporary records, compliant notices and a clear as-built versus planned comparison will often make the difference between success and failure. We work with programming and delay experts to deliver analyses such as time impact, collapsed as-built and windows analysis to the level appropriate for adjudication or litigation.
Early action is essential. Many contracts impose strict time bars for giving early warning, notifying compensation events or issuing delay notices. Failure to follow the contract can forfeit entitlements. Our lawyers rapidly review the contract, map out notice requirements and ensure you comply while reserving rights tactically.
Contracts we work with
We are experienced across the principal standard forms and bespoke amendments commonly seen in the uk market, including JCT, NEC, and framework agreements. Each form deals with delay, float, concurrency and change differently. For example, NEC emphasises prospective time impact assessment and compensation events, while JCT focuses on relevant events and relevant matters for extension of time and loss and expense. We tailor our advice to the contract in place and the risk profile you agreed at tender.
How we can help
We support clients through the full life cycle of a delay issue, from live project advice to formal proceedings. Our aim is to resolve problems early where possible and to present the strongest case if a dispute becomes unavoidable.
- Rapid contract and programme review with practical action plan
- Drafting and responding to early warnings, delay notices and compensation event notices
- Preparing well-evidenced claim submissions and responses
- Negotiation and mediation to secure commercially sensible outcomes
- Adjudication under the Housing Grants, Construction and Regeneration Act 1996 (as amended)
- Arbitration and litigation in the Technology and Construction Court
- Working with delay and quantum experts to strengthen evidential foundations
- Project recovery strategies, acceleration agreements and partial possession arrangements
Our approach and process
Every delay claim is different, but the following framework helps drive clarity and results. We keep you fully informed on options, risks, timescales and costs at each step.
- Initial consultation and document triage: contract, programme, change records, correspondence, site diaries
- Early risk and entitlement assessment: prospects, quantum indicators and procedural time bars
- Strategy selection: negotiation track, adjudication, arbitration or court and any without prejudice engagement
- Evidence build: notices, expert input, schedule analysis and contemporaneous records
- Resolution: settlement, binding decision or judgment, followed by enforcement where required
Why choose us
Stephensons is a nationally regarded, full-service law firm with a strong track record in complex disputes. Our construction lawyers bring together sector insight, technical contract knowledge and real-world project experience to deliver clear, commercial advice when time is of the essence.
We are regulated by the Solicitors Regulation Authority and committed to rigorous standards of client care, risk management and quality. Clients value our straightforward communication, strategic thinking and the ability to mobilise multidisciplinary teams across commercial, corporate, real estate, employment and regulatory law to support the wider needs of a project or business.
We are experienced advocates in urgent, high-stakes matters and our firm’s wider reputation for contentious work, including serious and complex defence and regulatory cases, reflects our ability to manage pressure, evidence and procedure in demanding environments. The same calm, methodical approach underpins our handling of construction delay disputes.
You will receive transparent costs information from the outset, with clear scopes, estimates and regular updates. Where suitable, we can offer phased or fixed fees for defined stages, particularly in adjudication, and we always balance legal strategy with commercial reality.
Funding and fees
We offer a range of pricing options depending on the forum and complexity of the claim. These may include hourly rates, capped or fixed fees for specific steps, and staged budgets for adjudication. We discuss costs, benefits and recovery prospects at the outset and as the case evolves. Third-party funding and after the event insurance may be available in limited circumstances, and we can explore these with you where appropriate.
Practical tips to protect your position
Good records win delay cases. Ensure you maintain an updated, logic-linked programme, accurate site diaries, labour and plant records, photographs, progress meeting minutes and correspondence. Issue notices on time, reserve rights when necessary and avoid inadvertently agreeing to variations or acceleration without clear terms on time and money. Seek early advice if time bars, partial possession or sectional completion could affect entitlement to extension of time or liquidated damages.
Frequently asked questions
What is a delay claim
A delay claim arises when events impact the project’s critical path, affecting completion dates and costs. Depending on the contract and cause, the remedy may be an extension of time, loss and expense, or a defence to liquidated and ascertained damages. The claimant must prove causation, entitlement under the contract and quantum, supported by reliable records and programming evidence.
What is the difference between extension of time and loss and expense
An extension of time relieves a contractor from liability for delay damages by moving the completion date if a qualifying event occurs. Loss and expense compensates for the cost consequences of that delay, such as site preliminaries, extended supervision and head office overhead recovery, where the contract provides for it. Some events grant time only, some time and money, and some neither, depending on the contract.
How does concurrent delay affect entitlement
Concurrent delay is where two or more delays overlap, at least one of which is a contractor-responsible event and one an employer-risk event. The effect depends on contract terms and governing law. Often, concurrency may permit time but not money. The analysis is fact-specific and requires careful programming evidence.
What records do I need to prove a delay claim
Maintain the baseline and updated programmes, progress photos, method statements, daily records of labour and plant, delivery notes, site diaries, instructions and communications, and minutes of meetings. Structured change logs and early warning or compensation event registers are particularly useful on NEC projects.
What are liquidated and ascertained damages
Liquidated and ascertained damages are a pre-agreed daily or weekly sum payable for delay beyond the contractual completion date. They must be a genuine pre-estimate or otherwise commercially justified to be enforceable. Contractors may defend LADs with an extension of time or by challenging the validity of the clause or the basis for deduction.
What if I miss a notice deadline
Many contracts impose strict time bars. Missing a deadline can limit or extinguish entitlement to time or money. Take advice immediately. It may still be possible to preserve aspects of your claim or rely on waiver or prevention arguments, but prospects are fact-dependent, and early intervention is key.
Is adjudication right for my delay dispute
Adjudication offers a fast, cost-effective, temporarily binding decision, typically within 28 days. It is well suited to live projects and pressing cash flow issues. Complex, expert-heavy delay disputes can be adjudicated, but the timetable is demanding. We assess whether adjudication, mediation, arbitration or court proceedings presents the best route for your objectives.
How long do I have to bring a claim
Limitation depends on the contract and the legal basis of the claim. In many cases it is six years from breach, or twelve years if executed as a deed. Do not wait. Contractual notice requirements usually operate on far shorter timescales and can be decisive.
Can I recover acceleration costs
Acceleration costs may be recoverable if acceleration is instructed or agreed with clear terms on time and money. Constructive acceleration claims can be more challenging. Always document the basis, scope and price before accelerating wherever possible.
What happens if the contract is silent on extension of time
If the contract does not provide for an extension of time and the employer causes delay, the prevention principle may render time at large, removing the right to deduct liquidated damages and requiring completion within a reasonable time. This is a complex area and turns on drafting and the facts.
Contact us
If you are facing delay on a project or need to respond to a delay claim, speak to our construction disputes solicitors today. Call 0161 696 6170 or fill in our enquiry form for callback. We can provide an initial assessment and outline your options swiftly.
Stephensons advises clients nationwide and can mobilise quickly where urgent action is required. Contact us to protect your position and move your project forward.
