News

Drees & Sommer China launches new Service to counter construction delay losses in China

Earlier than the rest of the world, China has mostly come back to normal life again after the corona virus. This means that after a total of two months lock-down and separation things are being restored to their functional state. While some restrictions are still in place, most prominently the obligation to wear masks in all public places, people have returned back to their offices, and construction sites have mostly resumed regular operations.

What becomes now visible is the impact of the shut-down time for ongoing construction sites. The occurred delays take many forms and detail reasons, but almost always result in additional direct and indirect project costs, and various parties involved may suffer losses.  Construction contracts generally allow the contractual Time for Completion to be extended, which is why Contractors are now coming forward with their Extension of Time (EOT) claims for time and money.

Any of these construction delays has a technical, a commercial, and a legal perspective, which need to be looked into in parallel to achieve the best possible result. Drees & Sommer in China has joined forces with Luther – the specialists in their fields – to offer an effective service package. They bring all the necessary expertise together for a reasonable fee.

Technical and Commercial Services by Drees & Sommer:

  • Evaluate the viability and technical basis of the claim(s) brought forward by contractors
  • Check the claim schedule(s), and elaborate comparison schedules (baseline-fact comparisons on detail level)
  • Quantity Survey of the quoted items and costs
  • Analyse potential for acceleration measures and their cost

Legal Services by Luther:

  • Legal review of EOT and other claims based on construction project contracts or relevant statutory laws and regulations
  • Applying special rules including Force Majeure policies
  • Legal examination of direct and indirect losses
  • Legal advice and support during out-of-court negotiations with the aim of reaching an amicable settlement

Added Values of the EOT Check:

  • Minimize the direct and indirect costs of a given delay
  • Clarify, secure and strengthen your legal position to be timely prepared for potential legal disputes
  • Reduce the accumulated delay by proper acceleration measures