i-law

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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