Architects and Delay Analysis
You’re a Property Developer who typically acts as a Main Contractor on projects. During a recent project you experienced programme issues relating to the design team and suffered delays that extended the overall programme.
At the outset of the project you formulated a master programme with the Architect, which included a 16-week construction design programme. The actual design took 30-weeks for the Architect to complete owing to some external matters with Network Rail, but also poor coordination and under-resourcing by the Architect.
We put together this scenario to Jason Farnell, Adjudicator and CEDR Accredited Mediator from Commercial Risk Management.
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There was a 14-week design delay. We accept some of the matters were 3rd party (Network Rail) related, however the Design Team was under resourced throughout. What is the best way to analyse and evidence this delay to clarify the breakdown of responsibility?
The master programme was included within the Architect’s order but there was no provision for delay damages. We suffered extra costs due to the delays, are we entitled to recover these? If so, how do we best do this?
For future projects, what is your best advice for drafting contracts with the Design Team?