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Delay:  Forensic Delay and Disruption Analysis
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Forensic Engineering

Expert technical advice on insurance claims (Root Cause Analysis, reinstatement, timeline), project development, and independent progress (time) and cost (quantum) project management.

Newsletter Contents:

• DAC Recent Events
• DAC Articles
• Upcoming Events

DAC recent events:

DAC Consulting Services had a wonderful time as always attending the The Society of Construction Law annual dinner which was was calm, well attended, and quite amusing. Here's to many more years supporting the SCL (8) Post | LinkedIn
 

DAC Consulting Services were happy to be the lead sponsor for The Expert Witness Institute annual conference in May. The event featured an engaging panel discussion, a live Q&A session with The Hon. Mrs. Justice Bacon DBE, and a presentation on improving practice by EWI's Policy Manager, Sean Mosby.

Efstathios Maliakis had the pleasure of attending Construction Week Middle East - Dispute Resolution Question Time 2024 - Building Bridges, Resolving Conflicts: Constructing a Better Future Together.

We are delighted that our Managing Director Daniel A. Correa have been recognised as a Construction Expert Witness in 2024 by Who's Who Legal. We thank our clients and peers for all the support in this fantastic growth period for DAC Consulting Services  worldwide - and really appreciate the kind words left in the Lexology portal.

Efstathios Maliakis was delighted and honoured to speak at EWI's Construction and Engineering Expert Witness webinar in June. Together with distinguished panellists, where they discussed the Expert Witness journey's aspects, focusing on the fields of Construction and Engineering Arbitration & insurance cases, and sharing our own professional experiences. Please take a look at EWI series on.. a day in the life of an Expert Witness .

Miguel Hernández had the pleasure of attending the Mexico Arbitration Week in May an excellent organization and program. See you next year!

Reinaldo Scannone had the privilege to attend CanArbWeek 2024 in Toronto. It was a fantastic event for the arbitration community in Canada. The insightful presentations on topics like "Experts in Action: A Cross-Exam Demo" by ArbitralWomen highlighting expert preparation for cross-examination, and the "In-House Counsel Wishlist: Dispute Boards" by CPR Canada, emphasizing the benefits of dispute boards, were my favorites. Additionally, "Exploring the Psychology of Arbitration" by Toronto Commercial Arbitration Society (TCAS) was particularly dynamic. The event was truly a valuable experience and I look forward for the next one in 2025!

DAC Articles:

We are pleased to present this article written by Daniel Correa DAC Consulting Services: A Global Beacon in Forensic Engineering and Expert Witness Services DAC Consulting Services: A Global Beacon in Forensic Engineering and Expert Witness Services (dac-consultingservices.co.uk)

LNG Construction Projects: Navigating Risks to Avoid Delays and Disputes interesting article for construction projects navigating risks to avoid delays and disputes
 

Kazakhstan’s compensation claims against Kashagan oil firms jump to $150 billion Kazakhstan compensation claims against oil firms jump to $150bn (energyvoice.com)
 

This article Recent developments in English construction law

discusses (amongst other interesting topics) in the context of a specific legal case, Thomas Barnes & Sons plc v Blackburn with Darwen Borough Council. Recent developments in English construction law | White & Case LLP (whitecase.com) 

• Definition of Concurrent Delay: The court found that a contractor risk event and an employer risk event were concurrent causes of delay because either event, had it occurred independently, would have delayed the project completion. This indicates a situation where two separate delays overlap in time, impacting the project simultaneously.
• Court's Rationale: The court's decision appears to challenge the "first in time" approach traditionally recommended in the Society of Construction Law's Delay and Disruption Protocol. This traditional approach suggests that the first delay to occur is considered the cause of the project delay, even if subsequent delays occur.
• Specific Case Details: In the case, the main contractor (Thomas Barnes) was delayed due to problems with steel deflection for which the employer (the council) was responsible. Concurrently, there were delays related to the roof covering works, for which the contractor was responsible. Both issues were critical and needed resolution for further progress on the project.
• Legal Outcome: The court determined that both issues were concurrent causes of delay because they were both essential for the project to progress to the next phase. As a result, Thomas Barnes was entitled to an extension of time for the period of concurrent delay but not additional costs.



This discussion of concurrent delay is significant as it highlights the complexities of attributing cause in construction delays and the potential for legal interpretation to impact the outcomes of such disputes.