Early Settlements of Construction Disputes in Public Projects: An Archetype for Reducing Disagreements over Delay Assessments

Abstract

This study aims to improve early settlements of construction delay disputes via contract claims procedures. The research method includes the evaluation of twenty-one case studies, academic and grey literature and case law concerning disagreements over delay assessments. The results reveal the two primary root causes of the escalations of such disagreements from contract claims into disputes, including the fact that legal systems do not offer best or good practice guidance on delay analysis methods, and construction agreements infrequently ensure contractual certainty and a clear risk allocation for the measurement and management of delays. The proposed archetype provides (i) a useful analytical framework that enhances the construction and legal professionals’ understanding of dispute causation and (ii) an integrated solution that incorporates contractual and procedural reforms and technological solutions, ensuring the production and distribution of reliable source materials, mechanisms that improve contractual certainty, and a reduction in the data repositories and the professionals currently involved in the assessment of delays.