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ARTICLE · 06 APRIL 2023

Delay Analysis In Unconventional Contracts (EN)

Typical contracts include milestones, which rely upon a sequence of works and prescribe the completion of a certain aspect of a project within a specified period.

United KingdomCorporate/Commercial Law

Typical contracts include milestones, which rely upon a sequence of works and prescribe the completion of a certain aspect of a project within a specified period.

The SCL1 defines the critical path as "[...] the longest sequence of activities [...], the sum of whose durations determines the overall project duration."2 Traditional delay analysis methodologies set out in the SCL a and AACE3 focus on the assessment of the contractual milestone's critical path.4 It evaluates the delay event's impact on the sequence of the critical activities, which would adversely affect the contractual milestone dates.

However, in some less conventional contracts, milestones are prescribed as the achievement of payment for completed works, represented by a percentage of the contract price in a fixed duration.

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