Harper James advises ambitious businesses on construction disputes under the laws of England and Wales, including delay claims arising from JCT and NEC contracts. The immediate priority is to establish what delayed the works, who carried the contractual risk, and whether the required notice was served on time.
Review the delay provisions alongside the accepted baseline programme, amendments, relevant correspondence and site records. Identify the contractual completion date, extension of time mechanism, notice deadlines, relevant event or compensation event, and any liquidated damages clause. Current practice places greater weight on organised digital records, including updated programmes, site diaries, progress photographs, design trackers, meeting minutes and labour or plant records. A useful guide to construction dispute resources can support the initial review.
A persuasive claim links each delaying event to specific critical path impact. The analysis should distinguish employer risk, contractor risk, neutral events and concurrent delay. It should then quantify the requested extension of time, loss and expense, prolongation costs or disruption. A delay analysis prepared without reliable baseline and update data leaves the claim exposed, particularly where the contractor continued working through several overlapping events.
Notice requirements are not administrative detail. A late or incomplete notice can limit entitlement, depending on the contract wording and applicable law. Keep a claim register showing the event, notice date, contractual basis, evidence, response and next action. Mitigation records should explain resequencing, additional resources, revised procurement and design decisions. Under NEC contracts, early warnings and compensation event processes require active administration. Under JCT contracts, timely notices and extension of time assessments remain central.
Early commercial resolution is usually more efficient than allowing delay costs to accumulate. A structured without-prejudice meeting, independent programme review or mediation can narrow the issues before adjudication or litigation. Where adjudication is appropriate, prepare a focused referral supported by the contract, notices, programme analysis and valuation evidence. Harper James can help a developer, contractor or subcontractor assess entitlement, preserve records and select a proportionate strategy based on value, urgency and the strength of the evidence.