Pierce Doyle, LL.M, BEng, MIEI, MCIArb
Director, Delay
SERVICES GROUP
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Expert QuestionS & AnswerS
With many years of experience in delay analysis, what is the most common mistake you see parties make early in a disputes that weakens their position later?
A common mistake is not notifying a claim on time and as required under the contract. Also, not engaging with the process as early as possible.
NEC contracts govern some of the largest infrastructure projects globally. What are the most common pitfalls in how extension of time claims are documented and presented under NEC forms of contract?
NEC differs from other forms of contract in the way extension of time claims are submitted and assessed. Unlike other forms of contract, NEC requires the Contractor to submit a full claim for both time and cost at the same time. This gives the Project Manager a chance to review each claim fully before making their decision. This is often not understood by the parties, especially if they are new to the NEC contract forms.
What do people usually underestimate about reconstructing the true sequence of events on a delayed project?
While programmes and programme information are important, real delay analysis comes from facts and construction logic. Something is not a fact because it is contained within the programme; it is a fact because it is backed up by evidence.
What is one piece of advice you find yourself giving clients over and over again?
Keep records, any record is better than no records. Preferably, keep records in an organised, searchable database, but don’t let perfection get in the way of good.
Background
Pierce has more than 17 years of experience in infrastructure and natural resources projects in Europe, Asia, and North America. Following a number of roles working with main contractors, Pierce has worked for the past 10 years in contract and claims management with a focus on dispute avoidance.
Having undertaken a Master’s Degree in Construction Law and Arbitration, Pierce has a sound understanding of construction contracts and has had exposure to various Standard Forms (particularly FIDIC, NEC3, NEC4, and Public Works) as well as bespoke contracts. Pierce has worked with clients in a number of industry sectors and has experience with various delay analysis techniques and specialist planning software. Pierce has experience negotiating favourable terms within contracts for his clients with a particular interest in programme management, project controls, and delay clauses.
Education and Certifications
- Construction Law and Arbitration, LLM: Robert Gordon University (2019)
- Civil and Transportation Engineering, B.Eng: Napier University (2008)
- Civil Engineering B.Eng: Carlow IT (2006)