DELAY ANALYSIS METHODS (DAMS) IN CONSTRUCTION CONTRACTS IN INDIA
Keywords:
delay analysis methods, SCL protocol, standard contract form, construction claims, extension of time, compensation and damages.Abstract
Majority of construction projects in India are administered by one or another standard form of contract. Every standard form contracts usually stipulate a period within which the contracted works must be completed by the contractor. However, to prevent those contracts from being frustrated by a number of act(s) that are beyond the control of contractor, they also provide that, in those circumstances, the contractor is relieved of the obligation to perform the works within the stipulated period and the contract provides such delay may be claimed as the Extension of Time (EOT). Meanwhile the principles of how delay and related costs should be calculated are not defined by the standard contract form. This leads to issues; which are usually contentious due to various 'schools of thoughts' and varied interpretations existing across the country. In order to eliminate disputes or facilitate settlement of disputes, the leading standards are: Society of Construction Law’s Delay and Disruption Protocol (SCL Protocol) and AACE 29R-03 (Forensic Schedule Analysis). The paper reviews six Delay Analysis Methods (DAM) suggested and recommended by the SCL Protocol. The paper recommends that Delay Analysis Methods should be incorporated in the construction contracts in India to settle EOT and compensation claims.
References
RBI (2018) Handbook of statistics on the Indian economy, Reserve Bank of India, available at https://rbidocs.rbi.org.in/rdocs/Publications/PDFs/0HSIE_F.PDF.
PMI (2017)A Guide to the Project Manage-ment Body of Knowledge (PMBoK Guide), 6th edn, Project Management Institute.
Iyer K.C. and Jha K.N. Critical Factors af-fecting schedule performance: Evidence from Indian Construction Projects, Journal of Construction Engi-neering and Management, ASCE, 2006, vol. 132, no. 8, pp. 871–881.
Tumi S.A.H., Omran A. and Pakir A.H.K. Causes of Delay in Construction Industry in Libya, The International Conference on Administration and Business, 14–15th November 2009.
Hamzah N., Khoiry M.A., Arshad I., Tawil N.M., and Ani A.I.C. Cause of Construction Delay – Theoretical Framework, Procedia Engineering, 2011, vol. 20, pp. 490–495.
Venkatesh P., Renuka S.M. and Umarani G. Causes of Delay in Indian Construction Industry, Ap-plied Mechanics and Materials, 2012, no. 174–177, pp. 2768–2773.
Desai M. and Bhat R. Critical causes of delay in Residential construction projects: case study of central Gujrat Region of India, International Journal of Engineering Trends and Technology (IJETT), 2013, vol. 4, no. 4, pp. 762–768.
Arya K. and Kansal R. Analysing Delays of Construction Projects in India: Causes and Effects International, Journal of Science Technology & En-gineering, 2016, vol. 3, no. 6, pp. 66–74.
Govt of India, Central Public Works Depart-ment, CPWD 7/8: General Conditions of Contracts, 2017, available at https://cpwd.gov.in/Publication/ GCC14.pdf.
Govt of India, Military Engineer Services, IAFW 2249: General Conditions of Contracts, 2015, available at http://pcdawc.gov.in/images/pdf/ circu-lars/e-section/IAFW-2249-GENERAL-CONDITIONS- OF-CONTRACT.pdf.
FIDIC (2017) Construction Contracts (Red book), 2nd ed, International Federation of Consulting Engineers.
Ng S.T., Skitmore M., Deng M.Z. M. and Nadeem A. Improving existing delay analysis tech-niques for the establishment of delay liabilities, Con-struction Innovation, 2004, vol. 4, no. 1, pp. 3–17.
Arditi D. and Pattanakitchamroon T. Select-ing a Delay Analysis Method in Resolving Construc-tion Claims, International Journal of Project Man-agement, 2006, vol. 24, no. 2, pp. 145–155.
Yang J.B. and Kao C.K. Review of Delay Analysis Methods: A Process-Based Comparison, The Open Construction and Building Technology Jour-nal, 2009, no. 3, pp. 81–89.
Al-Gahtani K. and Mohan S.B. Delay Anal-ysis Techniques Comparison, Journal of Civil Engi-neering and Architecture, 2011, vol. 5, no. 8, pp. 740–747.
Hegazy S. Delay analysis Methodology in UAE construction Projects: Delay Claims, Literature Review, PM World Journal, 2012, vol. I (II), pp. 1–21.
Braimah N.Construction Delay Analysis Techniques – A Review of Application Issues and Improvement Needs, Buildings, 2013, no. 3, pp. 506–531, available at: https://www.mdpi.com/2075-5309/3/3/506/pdf
Dinakar A. Delay Analysis in Construction Project, International Journal of Emerging Technol-ogy and Advanced Engineering, 2014, vol. 4, pp. 784–788.
Haq S.U., Rashid Y. and Aslam M.S.
Effects of Delay in construction Projects of Punjab-Pakistan: An Empirical Study, Journal of Basic and Applied Scientific Research, 2014, vol. 4, no. 4, pp. 98–104.
Maduranga J.A.M., Palamakumbura A.P.W.M.G.M. and Dissanayake P.B.G. Preparation of Extension of Time (EoT) Claims and Delay Analy-sis Techniques used in the Construction Industry, Proc. the 7th International Conference “Sustainable Built Environment,” Kandy, Sri Lanka, 16th to 18th December 2016.
Society of Construction law delay and dis-ruption protocol, Society of Construction law, UK, 2017, available at https://www.scl.org.uk/sites/default/ files/SCL_Delay_Protocol_2nd_Edition.pdf.
AACE International Forensic Schedule Analysis, The Association for the Advancement of Cost Engineer-ing, USA, 2011, available at https://web.aacei.org/ docs/default-source/toc/toc_29r-03.pdf?sfvrsn=4
