What is the burden of proof in delay claims?

In delay claims, the burden of proof requires the claimant to show cause, effect, and impact to completion. This means that the claimant must clearly establish the reasons for the delay, how that delay affects the project's timeline, and the ultimate impact on the project's completion date. This comprehensive approach provides a logical and evidence-based framework that helps to determine whether the delay is justifiable and how it has affected the overall project schedule.

By demonstrating cause, the claimant can identify which events or actions led to the delay, whether they were within the control of the project team or resulted from external factors. The effect portion addresses how these delays influenced the workflow, productivity, and project continuity, while the impact to completion portion fleshes out how the overall finish date was altered or pushed back due to the identified delays.

Simply providing historical data or expert opinions alone would not fulfill the burden of proof since that would lack the necessary linkage between the identified delay and its consequences on the project’s completion. Moreover, demonstrating profit loss is not central to establishing the legitimacy of a delay claim but rather focused on quantifying damages if they are proven. Thus, a well-structured argument that includes cause, effect, and impact is essential for successful claims related to project delays.