Cleveland Bridge UK Ltd v Severfield – Rowen Structures Ltd [2012] EWHC 3652 (TCC), [2012] All ER (D) 239 (Dec)
In all delay cases it was necessary to show that the claiming party was delayed by the factors of which it complained; it did not follow as a matter of logic, let alone practice, on a construction or fabrication project, that, simply because a variation was issued or that information was provided later than programmed or that free issue materials were issued later in the programme than envisaged originally, the claimant was delayed. If the real cause of the delay was, for example, overwork or disorganisation within the claimant, the fact that there had been variations, late instructions or information or late issue of materials was simply coincidental