International Construction Law Review
DEMYSTIFYING DISRUPTION CLAIMS: LEGAL AND EXPERT PERSPECTIVES
Robert M D’Onofrio
President, Capital Project Management Inc
Ann Matthias
Associate, Freshfields LLP
Kim Rosenberg
Partner, Freshfields LLP and
Alasdair Snadden*
Partner, Accuracy
ABSTRACT
This article aims to demystify disruption claims in construction projects by integrating legal and expert perspectives. It outlines the fundamental elements required for a successful claim – legal entitlement, procedural compliance, causation, quantum and substantiation – emphasising the distinction between delay and disruption. Through a hypothetical case study, the authors illustrate practical applications of various analysis methods, such as measured mile and modified total cost, highlighting their respective advantages and limitations. The article further underscores the critical role of robust contemporaneous record-keeping and emerging digital technologies in enhancing claim substantiation, ultimately providing project participants with a clearer understanding of how to navigate these inherently complex claims.
I. INTRODUCTION
Lost productivity because of disruption events can have significant ramifications for the successful conclusion of a project on time and within budget. Historically, disruption was often misunderstood, and deficient
Pt 2] Demystifying Disruption Claims: Legal and Expert Perspectives
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