The Critical Path, Delay Analysis and “Windows”

By Roger Gibson

Causation; Construction contracts; Delay; Design defects; Power stations; Remedial works

Introduction

In the latest instalment of the Mirant Asia v Ove Arup dispute in the Technology and Construction Court (TCC), H.H. Judge Toulmin CMG Q.C. made some key observations in his judgment which are important in respect of “delay analysis”. However, before commenting upon these observations, I will give some background information to both the project and the dispute.

The facts

The project was the construction of a coal fired power plant at Sual on Luzon Island in the Philippines. The construction of the plant was carried out by...

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