International Construction Law Review
WHO OWNS THE FLOAT?—A SCANDINAVIAN PERSPECTIVE
JACOB C JØRGENSEN
Partner, Bech-Bruun, Copenhagen
PETER FOGH
Partner, Plesner, Copenhagen
SAARA PARONEN
Specialist partner, Borenius, Helsinki
HANS-JØRGEN ARVESEN
Partner, Foyen, Oslo
MARIA THERESE HALVORSEN
Trainee lawyer, Foyen, Oslo
AND
JACOB HAMILTON*
Partner, Foyen, Malmö
1. Introduction
Project delays give rise to some of the most complex and legally interesting construction disputes. On the surface, it seems easy enough to define a project delay and its legal consequences: if the works are handed over after the agreed deadline, there is a project delay. If the delay is caused by the contractor, the employer is entitled to claim damages (or liquidated damages if the contract so provides). If the delay has occurred due to no fault of the contractor it has a right to claim an extension of the agreed handover date, and in some cases it may also claim extra costs and loss of profit.
Upon scrutiny, however, it may not be so simple to establish whether there is in fact a project delay, let alone to establish whether the employer or the contractor is responsible for the project delay.
The International Construction Law Review [2013
380