Construction projects are notorious for delays and cost overruns and projects in Africa are no exception. It is widely accepted that employers are consistently concerned about fit for purpose construction projects that are completed on time and within budget. However, areas where employers commonly delay construction projects include:
Lack of access to site;
Lack of engineering information;
Interfacing of multiple contractors;
Variations to the scope; and
Approvals from public authorities.
The lack of access to site may come as a shock but it is very common that a contractor may not always have access to site to start working. Access to site may require traffic control intervention and if the relevant public officials have not ensured that this has been approved, the contractor may not access site to start working. It is important that the access and works commencement are aligned to prevent delays and cost overruns.
The lack of engineering information may also be surprising but often a contractor may not have the necessary engineering information to start the work. During tender stage there is typically a design which is an illustration of the nature of the project to be executed, it is against this design that all bidders submit their proposals which include their price. Given the immediate demands for infrastructure delivery in Africa, it is very common that the contract is awarded notwithstanding that the employer’s engineers may not be ready with the engineering information that is necessary for the works top start.
In such cases, the contractor would have mobilised personnel to site and is incurring standing time costs due to delay. While, there may be instances where infrastructure is procured on an emergency basis due to end user commitments, thus preventing effective planning, it is important that employers provide contractors with engineering information as early as possible to avoid placing undue pressure on placing engineering professionals.
Often construction works are split into various work packages either due to the specialties required, economic empowerment reasons or out of convenience. Regardless of the reasons, it is important for the employer to be very proactive in how it manages the interface between the contractors as the risk for delays occasioned by the interface ultimately lies with the employer. In cases where there is contractor interface, the employer typically includes a clause regarding the cooperation with “Others”. However, the value of such clauses can only be realised if the respective works programmes are arranged in such a way that they seamlessly interface without delay. An ideal that is rarely achieved in many construction projects.
As the old adage goes…“ the only constant thing in life is change”. Construction projects are no different in this respect. In fact, very rarely is a construction project completed in accordance with the original design drawings, hence the concept of “as-built drawings”. Brownfields projects are infamous for constant updating or changes to design due to newly discovered site conditions that may have been concealed and/or were unknown when the first revision was issued. The delay that occurs is caused by the work stoppage and the waiting that is necessary while the design office issues the updated drawings. As stated above, the employer is typically always concerned about projects being completed on time and within budget. To this end, it is difficult to imagine design changes that are not necessary and merely just extra work, unless of course budget and time are, unusually, of no consequence.
The nature of the works to be executed, determine which public authority’s approval will be required. The lack of and/or the reliability of internet connection in some public offices often causes significant delays to construction projects. Often applications can only be submitted manually. This not only delays an employer who is looking to commence with construction but also opens up an application to being lost due to human error, on the part of officials that may be dealing with more than a hundred applications per week. It is important that public authorities on the continent move towards the digitization of applications to remove the delays that are caused by manual submissions.
It is widely accepted that delays are synonymous with construction projects; however, it is clear that if employers take proactive steps to prevent issues, such as those mentioned above, it will go a long way towards construction projects are completed on time and within budget.
Our construction and engineering specialists assist clients with transactional advice from inception through to completion, although we are also able to offer our legal services at any stage of a construction project.
