Receiving a rejection of your delay claim is not the end of the road. A well-structured rebuttal that addresses each ground of rejection can often result in a revised determination or open the door to negotiation.
Delay claims are typically rejected on grounds including: late notice, insufficient evidence of critical path impact, concurrent delay attribution, failure to mitigate, alleged contractor culpability, and inadequate cost substantiation.
Address each rejection ground individually. For each, state the ground as cited, present your counter-argument with evidence references, cite the relevant contract clause, and request reconsideration.
The quality of your evidence is often what determines whether a rebuttal succeeds. Ensure your evidence bundle is comprehensive before responding.
If the rebuttal does not result in a revised determination, most contracts provide for dispute resolution — typically starting with DAB/DAAB determination (FIDIC), adjudication (UK), or expert determination.