DEMITONResearch / Disputes statistics / No published national figure for the cost of extension-of-time and delay disputes in Australia
No published national figure for the cost of extension-of-time and delay disputes in Australia
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No published national figure for the cost of extension-of-time and delay disputes in Australia: no defensible figure has been published (Griffith University (Campos Gutierrez, Panuwatwanich and Walker), 2013; Australia; low confidence).
What it is. None - no Australian national source found gives an amount, a share of contract value or a share of a claim for disputes about extensions of time, liquidated damages or delay analysis.
Sample. Search terms: extension of time dispute Australia; liquidated damages dispute cost Australia; delay claims value Australian contractors survey; time-related costs adjudication; delay and disruption claims share of disputes Australia; Arcadis, HKA CRUX and Australian Disputes Centre or ACICA statistics. A frequency exists: timing was a factor in 38 of 78 Australian court cases from 1966 to 2012 (Campos Gutierrez 2013), and time disputes are 6% of 230 NSW cases 2002-2021, but neither is a cost.
What it is not. Recorded as `none` on purpose. Eleven sources were opened (listed above); none states an Australian national amount or share for delay disputes. The case-count frequencies are for litigated cases only, from published judgments, and say nothing about what was at stake. This is the next place to look for research, not a zero.
Where it came from
- Griffith University (Campos Gutierrez, Panuwatwanich and Walker) (2013), Learning from the Past: Analysis of Factors Contributing to Construction Project Disputes in AustraliaSection 4.1 and Figure 2; Table 1 (timing row) · source record
Considered and set aside
- J Murray AM, for the Australian Government (Department of Jobs and Small Business): Says time-related cost claims are too complex for rapid adjudication (p.123) and that Victoria excludes them (p.119); a legal and policy account with no amounts or shares.
- Western Sydney University and Griffith University (Rahnamayiezekavat and others): Time disputes are 6% of 230 NSW cases (Table 3, p.9); a frequency, for one state, with no amounts.
- HKA: Global extension-of-time claims averaged 48.8% of contract schedules on projects completing from 2020; that is days, not money, and Oceania is shown only for claimed costs across all causes (13.3% of budgets), not delay.
- Arcadis: Its Australia section (pp.24-25) lists typical dispute reasons with no figures; global averages only.
- Arcadis: Global and North American averages and ranked causes with no Australian breakdown and no delay amounts.
- Productivity Commission: Discusses delays and risk allocation on public infrastructure and mentions litigation, but holds no data on delay dispute amounts or shares.
- Infrastructure Australia: Notes insurers reacting to a growth in claims for delay (p.49) without counting or valuing them.
- Grattan Institute: Single-project accounts of delay disputes (West Gate Tunnel) drawn from reports; no sample, no cause shares.
- Curtin University of Technology and University of Newcastle (Love, Davis, London and Jasper; CRC for Construction Innovation): Lists extension of time claims third in a 2006 Australian law firm ranking of dispute causes, second-hand and without percentages or amounts.
- Special Joint Taskforce (Byrne; Queensland Police Service, QBCC and ODPP): Queensland only; records subcontractor complaints about liquidated damages and time bars but no delay amounts.