Importance Of Reliable Critical Path Analysis In Delay Claims

A recent case before the TCC underlines the importance of reliable critical path analysis in assessing, among other things, the cause and extent of delay to a project's completion date and whether any compensation is due for those delays.

The TCC assessed the level of damages owed to Mirant (Contractor) by Arup (Consultant) for breach of contract and negligence arising out of defective boiler foundations at a power station in the Philippines. In previous hearings the TCC and Court of Appeal had held that Arup owed Mirant's predecessor a duty in contract and tort not to cause economic loss and that it had failed to fulfil this duty in respect of the boiler foundations. Arup faced a potential liability of $100 million.