JCT D&B 2016 - Sectional Completion Delays and L&E


Currently working on a project (JCT D&B 2016) which has 2 sectional completion dates which are noted as being the same date.

On Section 1 the Works have been delayed by a Relevant Event which gives rise to a Relevant Matter.

On Section 2 the Works have been delayed by a different Relevant Event however this does not give rise to a Relevant Matter.

Both delays are ongoing and concurrent with one another. The effect / extent of the delays is yet to be determined as they are ongoing and certain factors contributing to the delays remain to be resolved. Therefore we do not know what the dominant delay is as of yet (unsure if that method of delay analysis would apply to sectional completion in any case?).

My question is how is the loss and expense to be ascertained in relation to the delay at Section 1 (with particular reference to site management / running costs)? We are expecting the EA to naturally point towards the concurrent delay at Section 2 which does not entitle us to L&E. A thought is to apportion the costs somehow between the 2 Sections however this obviously will not be accurate and be open to debate.

Welcome any thoughts on how this is to be addressed. Thanks.

Steve. The approach has to be to treat the 2 sections completely separately so the delay costs for Section A are those costs such as preliminaries for Section A. Section B will just be given time so there are no costs to allocate.
There is no question of having to determine dominant delay as the 2 sections are separate and distinct. Hope this helps. Mike