This paper investigates the fundamental divergence in how construction claims are perceived and managed across various global regions, specifically contrasting established Western markets (e.g., the UK and Europe) with diverse contexts in Asia and the Middle East.
This paper explores the retrospective application of Time Impact Analysis (“TIA”) as a structured and defensible method for assessing Extension of Time (“EOT”) entitlements in complex construction projects. While the D&D Protocol’s Core Principle 4 designates TIA as a preferred technique, Core Principle 11 raises concerns when delay assessments occur after events have passed or works are completed. In practice, however, many EOT claims are submitted late, making retrospective use of TIA both necessary and inevitable.
The Society of Construction Law Delay and Disruption Protocol 2nd Edition (SCL D&D) and the AACE International Recommended Practice 29R-03 for Forensic Schedule Analysis (29R-03) are cornerstone resources for experts tasked with evaluating delay claims in construction disputes, particularly within the context of international arbitration. These protocols provide critical guidance on the selection and implementation of delay analysis methodologies, ensuring their suitability to the specific circumstances of a project.
