Delay & Quantum

A substantial proportion of disputes on construction and engineering projects result from time and cost overruns, and contractual responsibility for them. Jeremy's career has given him a great depth of experience of the issues that arise in these cases. That experience led him to conceive the idea of, and then to chair the drafting of, the SCL Delay and Disruption Protocol, which was published in 2002. He was a member of the SCL committee which produced a revised and updated version of the Protocol in 2017. The Protocol provides guidance on recurring issues that arise in cases concerned with delay, for example: who owns the float, what effect does concurrent delay have on entitlement to extensions of time and prolongation costs, are global claims acceptable, and what the different delay analysis methods are. Some parts of the Protocol are now accepted norms. Some are more controversial - but the Protocol has at the very least served to generate intensive debate.

Jeremy is familiar with the operation of project management software such as Primavera and MS Project, and the need to inspect and understand the logic and dependencies of all programmes/ schedules, including those used to support claims for extension of time.

He was an early mover within the legal profession in recognising that litigation and arbitration are projects, which need to be managed and controlled like a construction project, as to duration, cost and quality. This experience makes him determined to ensure that arbitrations for which he is responsible are conducted as quickly, efficiently and cheaply as is consistent with producing an enforceable award.

Quantum - while legal, contractual and technical issues may take centre stage in construction disputes, they are nearly always about money. Jeremy's lengthy career has led him often to look first at the quantum of the claim, and certainly never to leave it as an afterthought. He engages himself deeply in the quantum of claims, and does not simply turn this over to experts. He is comfortable using reasonably complex spreadsheets, which seems to be rare among arbitrators