Jurisdictions
Compare delay and quantum law
The same facts produce different answers in different systems. This section keeps them apart on purpose, and every page names the law it is describing.
- England and WalesContract and common law, with the Technology and Construction Court at the centre.
- United StatesFederal procurement law for government work, and state contract law everywhere else.
- AustraliaContract plus state and territory law, with no single national construction code.
- GCC: read this firstSix countries, several legal systems, and no such thing as GCC law.
The orientation table
| Question | England and Wales | United States | Australia | GCC |
|---|---|---|---|---|
| Legal starting point | Contract and common law; TCC decisions are central | Federal procurement law for government work, otherwise state contract law and the chosen forum | Contract plus state and territory law; no single national construction code | The country’s civil or commercial code, the exact contract, mandatory law and the forum; free-zone systems differ |
| Time entitlement | The extension-of-time clause, with the prevention principle where the machinery fails, subject to wording | Changes, suspension and default clauses on federal work; contract and state doctrines elsewhere | Extension and notice wording; prevention and time at large turn closely on drafting | Commonly a FIDIC-derived or bespoke clause, interpreted with the governing civil code |
| Concurrent delay | Fact and wording sensitive; express allocation may be enforced | Contractor generally must segregate compensable critical delay; approaches vary by forum and state | Fact and clause sensitive; approaches are not uniform nationally | No safe region-wide rule; examine the contract, code remedies and any local authority |
| Notices and time bars | The exact clause can be decisive; construction and waiver remain fact specific | Federal and state clauses impose different clocks; enforceability differs by state | Often strictly litigated, but drafting, prevention and statute all matter | Contract time bars interact with mandatory code rules and good faith; obtain country advice |
| Expert evidence | CPR Part 35 and Practice Direction 35 in civil proceedings | Federal Rule of Evidence 702 in federal court; state rules vary; boards have their own practice | Evidence statutes, court rules and expert codes vary by forum | Court or arbitration procedure and institutional rules differ; civil-law proof traditions matter |
| Precedent warning | Common-law hierarchy applies | Federal and state hierarchy must be identified | Federal and state hierarchy must be identified | Do not assume stare decisis; published cases and awards may be limited; DIFC, ADGM and QFC need separate treatment |
This table is orientation, not a statement of the law for any particular contract. Every cell is a summary of a large subject, and each jurisdiction page states its own limits.
Where the record comes in
Every mechanism on this page turns on evidence: what happened, what was known and when. A record built as the job happens is worth more than any argument assembled afterwards. Construction Metric keeps that record automatically, from the messages, photographs and voice notes a site team already sends.
Built by AI Metric
The analysis on this site is only as fast as the evidence behind it. AI Metric builds bespoke systems for consultancies, contractors and claims teams: document and correspondence triage, event registers assembled from the project record, programme and cost reconciliation, and drafting support that always cites the document it came from. Built for review by your own experts, never to replace their judgement.
General explanation of how contract mechanisms, analysis methods and legal principles generally work. It is not legal or contractual advice, not an opinion on any project, and no standard-form contract wording is reproduced anywhere on this site. Standard forms are routinely amended, so every default described here, including every time period, can be different on your project. Your executed contract, as amended, and the governing law and forum always control. Deadlines may already be running: if an event has occurred, preserve your position and take qualified advice.