RC124 MayJun 2026 - Magazine - Page 34
LEGAL
REPORTS AND LOGS
Daily, weekly, and monthly reports are among the most
persuasive contemporaneous records available. They
validate as-built progress and document cause-and-effect relationships.
At minimum, site reports should record:
• Weather conditions
• Workforce levels and hours
• Equipment usage
• Planned versus actual progress
• Site constraints or disruptions
When delays occur, reports should clearly document both cause
and impact (e.g., steel erection delayed due to high winds; installation
halted pending design clarification).
Project logs are equally important. These may include:
• Time and labour logs
• RFI logs (including request and response dates)
• Design revision logs
• Equipment utilization logs
• Material delivery logs
• Field change logs
• Non-conformance reports
• Quality inspection logs
• Milestone tracking logs
Consistency and contemporaneity are critical. Detailed, regularly
maintained logs are far more persuasive than reconstructed summaries.
Third-party inspection reports can also be powerful evidence,
particularly when they identify deficiencies that explain delay or
establish key dates.
MEETING MINUTES
Meeting minutes should be prepared during or immediately after meetings and circulated promptly for review.
Attendees should carefully review minutes and correct inaccuracies without delay. Silence can later be interpreted as agreement.
Standardized templates improve efficiency, but outdated content
should not be allowed to carry forward. Minutes should reflect:
• Current schedule status
• Critical path updates
• Identified delay events
• Responsibility discussions
• Proposed mitigation measures
Well-prepared minutes enhance credibility and help avoid later
disputes over what was discussed or agreed.
PROJECT SCHEDULES AND UPDATES
A credible baseline schedule is foundational. An unreliable baseline undermines
even the strongest delay claim.
Investing time at the outset to develop a realistic, logic-driven baseline pays dividends later.
Regular updates based on validated as-built data are equally important. These updates support
both prospective time impact analyses and retrospective forensic reviews.
Schedule narratives should accompany updates and clearly explain deviations, delays, and
logic changes. What seems obvious during the project may be unclear years later. A well-drafted
narrative has significant long-term value.
Other schedules can also be critical:
• Look-ahead schedules (e.g., three-week or three-month windows)
• Trade sequencing schedules
• Short-interval planning documents
These often provide granular evidence of disruption and lost productivity.
NOTICES
Notice provisions matter. Many contracts make timely and proper notice a
condition precedent to recovery.
Contractors sometimes hesitate to issue early delay notices for fear of damaging relationships.
Transparency generally builds credibility. Formal notice requirements can be supplemented by
informal communications, such as advance warning emails, that keep owners informed.
All notices should be supported by a clear paper trail, including referenced documents and
proof of delivery where available.
Failure to give proper notice can be fatal to a claim.
COST AND FINANCIAL RECORDS
Proving delay impact is only half the battle. Recovery
requires proof of damages.
Effective cost tracking is essential. At a minimum, cost systems
should segregate:
• Overtime
• Acceleration
• Standby
• Extended overhead
More sophisticated systems align cost coding with the project work
breakdown structure, allowing granular tracking of impacts.
Creating delay-specific cost codes is common, but they must be
implemented and used in real time. When new codes are opened, teams
should document what each code captures.
There must be alignment between finance teams and site personnel.
Cost codes are meaningful only if labour, equipment, and materials are
accurately tracked at the field level. Training supervisors and crews to
record impact costs diligently can significantly strengthen a claim.
The balance lies between sufficient granularity and practical usability.
34—RENEW CANADA – MAY/JUNE 2026
BIM DATA
Building Information Modeling (BIM) provides a 3D digital representation of a
facility’s physical and functional characteristics. Beyond design, BIM can integrate
scheduling data (4D modeling), procurement information, and construction sequencing.
When properly maintained, BIM allows parties to visualize project status at any point in time
and model the impact of changes or disruptions.
During a project, BIM can help demonstrate how resequencing or late material delivery
affects overall completion. After project completion, preserved BIM models can serve as valuable
tools for forensic analysis in disputes.
Maintaining BIM data beyond completion can therefore be a strategic evidentiary decision.
Delay claims are not won on schedules alone. They are built on a comprehensive evidentiary
foundation: contracts, schedules, notices, logs, reports, correspondence, financial records,
photos, and increasingly, digital modeling tools.
The common thread across all categories is contemporaneity, organization, and objectivity.
Projects that invest in disciplined documentation are better positioned not only to succeed in
disputes, but to avoid them altogether. In an era of increasingly complex infrastructure delivery,
the project record is not administrative overhead, it is strategic risk management.
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