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A first difficulty that is inherent to all disruption claims is that even the most…
First, the difficulty of linking the causes and the financial consequences of disruption…
■ Late instructions for variations: Even if it is not disputed (or disputable) that…
■ Lack of site access for certain work fronts leading to inefficient use of labour…
In order to be in a position to prove causation, the contractor must have…
However, the debate on causation between causative events and the financial impact…
This last remark brings us to the second difficulty: computing the quantum of a disruption…
In practice, many arbitral tribunals now tend to favour the “measured mile” approach.…
“The most appropriate way to establish disruption is to apply a technique known as ‘the Measured Mile’. This compares the productivity achieved on an un-impacted part of the contract with that achieved on the impacted part. Such a comparison factors out issues concerning unrealistic programmes and inefficient working. The comparison can be made on the man-hours expended or the units of work performed. However care must be exercised to compare like with like. For example, it would not be correct to compare work carried out in the learning curve part of an operation with work executed after that period.”(26)…
The “measured mile” approach is certainly better than a crude comparison between…
The bottom line for disruption claims is that counsel must be resigned to the fact…
