A disruption claim is generally one of the most difficult to properly demonstrate and substantiate.

A key reason for this is that most forms of contract require that a contractor include for a certain reasonable level of disruption during the course of the works and consequently difficulty frequently arises in conclusively demonstrating the following:

  1. that the baseline plan and level of planned resource relied upon was correct and sufficient; 
  2. that the claimed events could not have been reasonably forseen [and therefore should have been included in the baseline plan];
  3. a causal link between the claimed events, the disruption claimed and the remedy sought; and 
  4. that the claimed disruption was not caused by other events, for example the contractor's lack of manpower and supervision.   

This firm and its associates, in view of the above, have developed detailed and robust strategies for both the preparation of and defence against disruption claims.

Such strategies include detailed and sophisticated statistical analysis of appropriate project data records coupled with application of the more conventional disruption methodologies such as the Measured Mile approach and the application of and studies of appropriate performance indices. 


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