Independent Expert Delay Services for Major Highway Upgrade

Client: Government Agency 1

Location: Australia

Role: Expert Evidence

Date: 2015

This project is part of a government initiative to upgrade new sections of a major highway to improve road safety, reduce travel times, increase reliability of the road network and support regional development.

The highway upgrade is being undertaken alongside the existing highway in a complex environment in close proximity to residential and commercial properties.  The works are being undertaken in a staged approach involving a range of complex construction activities including major earthworks, bridgeworks, drill and blast and tunnelling.

Scope of work

The client’s lawyers retained E3 Advisory to provide independent expert delay services in responding to various claims by the contractor, including:

  • Assessment of contractor programs – providing independent assessment of changes made to contractor programs, prior to contract award, to understand the effect of delays known to the contractor and any resultant changes to the contractor’s delivery strategy
  • Opinion of likely completion dates – independent assessments of when the contractor was likely to complete the works given the information available to the contractor prior to contract award

Key achievements

  • Provision of advice as to whether the delays were as a result of those factors claimed by the contractor or whether there were other factors that were likely to have delayed practical completion
  • Provided a detailed statistical analysis of the likely effects of weather on the project completion date

Note: the dispute resolution process between the parties is currently ongoing.

1 For confidentiality reasons the name of the client is unable to be disclosed