[1] Standards for Determining Construction Delays in Engineering Contract Disputes and Practical Guide for Claims
## Criteria for Determining Construction Delay
In construction engineering contract disputes, the determination of construction delay must strictly adhere to contract terms and legal provisions. Common scenarios include: the employer failing to provide construction conditions on time, design changes, force majeure (such as natural disasters), and the contractor's poor construction organization. In judicial practice, courts will examine whether the delay was caused by reasons not attributable to either party, such as the employer's delayed delivery of drawings or the contractor's failure to complete key milestones on schedule. Key evidence includes construction logs, supervision reports, and correspondence to clarify liability.
## Practical Aspects of Claiming for Construction Delay
In claim practice, the contractor must promptly issue a written notice and collect evidence such as expense vouchers and delay records. The employer may assert counterclaims, such as deducting liquidated damages or claiming compensation for losses. It is recommended that both parties clearly define conditions for time extension and claim procedures in the contract to avoid disputes. For example, include force majeure exemption clauses or establish a monthly progress reporting mechanism. If the dispute escalates, an appraisal institution can be engaged to assess the cause of delay and losses, improving the chances of success in litigation.
