The Domino Effect of Non-Contestable Delays

In many projects, non-contestable works fall directly on the critical path. When they’re delayed, the ripple effect is felt across the entire programme:

1. Critical Path Delays: Essential activities that rely on non-contestable works are stalled, putting the whole project behind schedule.
2. Cost Overruns: Idle teams, extended hire periods, and re-sequencing of tasks all lead to unplanned expenses.
3. Programme Disruption: When one element of the schedule is disrupted, it can throw off coordination among subcontractors and suppliers, leading to inefficiency.

Although you can’t control non-contestable works, there are steps you can take to manage the risks and minimise the impact:

1. Understand Your Project’s Dependencies Identify all activities that rely on non-contestable works and include them in your risk management plan. Ensure your project programme reflects these dependencies so their impact is understood.
2. Keep Detailed Records Maintain comprehensive logs of all delays and disruptions and their impacts. Include correspondence with the responsible organisation to demonstrate efforts to mitigate delays.
3. Serve Notices Promptly Follow contract requirements for serving notices related to delays or disruptions. Make sure these notices include detailed descriptions of the causes and impacts.
4. Update the Programme Regularly Incorporate delays into the project programme to keep stakeholders informed. Use these updates to assess and communicate potential extensions of time.
5. Isolate Costs with Separate Codes Use dedicated cost codes for delay and disruption expenses. This simplifies the process of quantifying and substantiating claims.
6. Proactively Engage with Providers Maintain open lines of communication with the organisation handling non-contestable works. Discuss mitigation strategies or explore alternative timelines where possible.

If you need to make a claim for delays and disruptions, it’s critical to address these three elements:

1. Entitlement: Clearly show that the events causing disruption entitle you to claim loss and expense under the terms of your contract.
2. Causation: Prove that these events directly caused disruption to specific project activities.
3. Quantification: Demonstrate that the disruption led to measurable losses or costs, supported by detailed evidence.

Without addressing these three points, your claim is unlikely to succeed.

In my experience, delays caused by non-contestable works often feel like one of the most frustrating aspects of construction projects. You’re reliant on an external organisation, you have no alternative providers, and the disruption can quickly spiral into a bigger problem.

However, I’ve also seen how proactive measures can make a real difference. Keeping detailed records, communicating effectively, and maintaining a robust programme are not just administrative tasks—they are essential tools for protecting your project’s timeline and budget

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Paul