Causation And Delay In Construction Disputes

Download Causation And Delay In Construction Disputes ebook PDF or Read Online books in PDF, EPUB, and Mobi Format. Click Download or Read Online button to Causation And Delay In Construction Disputes book pdf for free now.

Causation And Delay In Construction Disputes

Author : Nicholas J. Carnell
ISBN : 1405118164
Genre : Law
File Size : 49.37 MB
Format : PDF
Download : 985
Read : 667

Building contract claims for more time on projects represent one of the largest sources of dispute within the industry. However, identifying the causes of delays, and the effects they have on the project, is often difficult and the burden on the party seeking to prove delay is a heavy one. This book provides the construction professional with an analysis of how construction projects become delayed, the practical measures which can be taken to avoid such delays, and how the parties can protect their positions in the face of delays. It goes on to look at the requirements for producing a successful claim. It provides a straightforward guide to the legal issues, and also considers how the effects of delays can most practically be addressed. The Second Edition takes account of new case law since 1999, and has new sections on adjudication, risk allocations and the Society of Construction Law Delay Protocol. Very well received when it was first published, the book is aimed particularly at contractors, project managers and senior surveyors, but will also be of interest to construction lawyers.
Category: Law

Delay Analysis In Construction Contracts

Author : John U. L. Keane
ISBN : 9781118631171
Genre : Law
File Size : 34.36 MB
Format : PDF, ePub, Docs
Download : 180
Read : 1147

The most significant unanticipated costs on many construction projects are the financial impacts associated with delay and disruption to the works. Assessing these, and establishing a causal link from each delay event to its effect, contractual liability and the damages experienced as a direct result of each event, can be difficult and complex. This book is a practical guide to the process of delay analysis and includes an in-depth review of the primary methods of delay analysis, together with the assumptions that underlie the precise calculations required in any quantitative delay analysis. The techniques discussed can be used on projects of any size, under all forms of construction contract, both domestic and international. The authors discuss not only delay analysis techniques, but also their appropriateness under given circumstances, demonstrating how combined approaches may be applied where necessary. They also consider problematic issues including 'who owns the float', concurrent delay, early completion programmes, and disruption. The book has been brought fully up to date, including references to the latest publications from the CIOB, AACEI and SCL, as well as current case law. Broad in scope, the book discusses the different delay analysis approaches likely to be encountered on national and international projects, and features practical worked examples and case studies demonstrating the techniques commonly used by experienced practitioners. This is an invaluable resource to programmers and schedulers, delay analysts, contractors, architects, engineers and surveyors. It will also be of interest to clients' professional advisors managing extension of time or delay claims, as well as construction lawyers who require a better understanding of the underlying assumptions on which many quantitative delay analyses are based. Reviews of First Edition "John Keane and Anthony Caletka are pukka analysts in that tricky area of delays, programming and extension of time. I highly recommend their book Delay Analysis in Construction Contracts. Buy the book." (Building Magazine, February 2009) "The book′s stated purpose is to provide a practical guide for those interested in schedule delay analysis. It provides a good in-depth review of the most common delay analysis techniques.... An excellent book, full of practical tips for the reader and very timely in its publication. It is well worth the cost and a good read for anyone involved in schedule delay analysis." (Cost Engineering, February 2009) It achieves in spades its stated aim of being a practical guide for contractors, contract administrators, programmers and delay analysts, as well as construction lawyers who require a better understanding of the underlying assumptions on which many quantitative delay analyses are based. (Construction Law Journal, 2009)
Category: Law

Delay And Disruption In Construction Contracts

Author : Keith Pickavance
ISBN : 0414045203
Genre : Breach of contract
File Size : 59.77 MB
Format : PDF, ePub, Docs
Download : 112
Read : 866

Provides the most authoritative and comprehensive coverage of delay and disruption in construction contracts and related issues.
Category: Breach of contract

A Practical Guide To Disruption And Productivity Loss On Construction And Engineering Projects

Author : Roger Gibson
ISBN : 9780470657430
Genre : Law
File Size : 45.96 MB
Format : PDF, ePub, Docs
Download : 561
Read : 468

Disruption of a construction project is of key concern to the contractor as any delay to the project will involve the contractor in financial loss, unless those losses can be recovered from the employer. It is, however, acknowledged that disruption claims in construction are difficult to prove, usually the result of poor or inaccurate project records, but the cost of lost productivity or reduced efficiency to the contractor under these circumstances is very real. Practical Guide to Disruption and Productivity Loss on Construction & Engineering Projects is clearly written to explain the key causes of disruption and productivity loss. Disruption claims rest on proof of causation, so it discusses the project records that are necessary to demonstrate the causes of disruption, lost productivity and reduced efficiency in detail. Quantification of a disruption claim in terms of delay to activities and the associated costs are also fully discussed. With many worked examples throughout the text, this will be an essential book for anyone either preparing or assessing a disruption and loss of productivity claims, including architects, contract administrators, project managers and quantity surveyors as well as contractors, contracts consultants and construction lawyers.
Category: Law

Liquidated Damages And Extensions Of Time

Author : Brian Eggleston
ISBN : 1444301632
Genre : Technology & Engineering
File Size : 55.40 MB
Format : PDF, Kindle
Download : 638
Read : 483

Liquidated damages and extensions of time are complex subjects,frequently forming the basis of contract claims made under thestandard building and civil engineering contracts. Previouseditions of Liquidated Damages and Extensions of Time are highlyregarded as a guide for both construction industry professionalsand lawyers to this complex area. The law on time and damages continues to develop with an increasingflow of judgments from the courts. Alongside this, the standardforms of contract have also developed over time to reflectprevailing approaches to contractual relationships. Against thisbackground a third edition will be welcomed by constructionprofessionals and lawyers alike. Retaining the overall approach ofthe previous editions, the author clarifies, in a highly readablebut legally rigorous way, the many misunderstandings on time anddamages which abound in the construction industry. The thirdedition takes account of a large volume of new case law since theprevious edition was published over ten years ago, includes a newchapter on delay analysis and features significantly expandedchapters on penalty clauses, the effects of conditions precedentand time-bars, and the complexities of causation.
Category: Technology & Engineering

Construction Management

Author : Eugenio Pellicer
ISBN : 9781118539606
Genre : Technology & Engineering
File Size : 81.76 MB
Format : PDF
Download : 312
Read : 285

The management of construction projects is a wide ranging and challenging discipline in an increasingly international industry, facing continual challenges and demands for improvements in safety, in quality and cost control, and in the avoidance of contractual disputes. Construction Management grew out of a Leonardo da Vinci project to develop a series of Common Learning Outcomes for European Managers in Construction. Financed by the European Union, the project aimed to develop a library of basic materials for developing construction management skills for use in a pan-European context. Focused exclusively on the management of the construction phase of a building project from the contractor’s point of view, Construction Management covers the complete range of topics of which mastery is required by the construction management professional for the effective delivery of new construction projects. With the continued internationalisation of the construction industry, Construction Management will be required reading for undergraduate and postgraduate students across Europe.
Category: Technology & Engineering

Building Contract Claims

Author : David Chappell
ISBN : 9781405148085
Genre : Technology & Engineering
File Size : 54.68 MB
Format : PDF, ePub, Mobi
Download : 574
Read : 1055

Many building contract claims are ill-founded, often because thebasic principles are misunderstood. This highly regarded bookexamines the legal basis of claims for additional payment, and whatcan and cannot be claimed under the main forms of contract. Itincludes chapters dealing with direct loss and expense, liquidateddamages, extension of time, concurrency, acceleration, time atlarge, common law and contractual claims, global claims, heads ofclaim and their substantiation. The new fourth edition has been substantially restructured andupdated. Nearly 100 additional cases have been added as well asfour new contracts : the JCT Construction Management and MajorProject contracts, the JCT Standard Form of Domestic Subcontract,and the Engineering and Construction Contract (the NEC Form). Thebook continues to use the JCT Standard Form (JCT 98) as the basisof the text, with important differences highlighted in the otherforms. Seventeen forms are dealt with and they have all beenupdated since the last edition of this book. This new edition is essential reading for architects, contractadministrators, project managers and quantity surveyors. It willalso be invaluable to contractors, contracts consultants andconstruction lawyers. David Chappell BA(Hons Arch), MA(Arch), MA(Law), PhD, RIBA has 45years' experience in the construction industry, having worked as anarchitect in public and private sectors, as contracts administratorfor a building contractor, as a lecturer in construction law andcontract procedures and for the last fifteen years as aconstruction contract consultant. He is currently the Director ofDavid Chappell Consultancy Limited and frequently acts as anadjudicator. He is Senior Research Fellow and Professor inArchitectural Practice and Management Research at the Queen'sUniversity, Belfast. He was appointed Visiting Professor inPractice Management and Law at the University of Central England inBirmingham from 1 March 2003. David Chappell is the author of manyarticles and books for the construction industry. He is one of theRIBA Specialist Advisors and lectures widely. Vincent Powell-Smith LLM, DLitt, FCIArb was a practising arbitratorand formerly Professor of Law at the University of Malaya and theInternational Islamic University, Malaysia. He was author of manybooks on construction law. John Sims FRICS, FCIArb, MAE, FRSA is a chartered quantity surveyornow practising as a consultant, arbitrator, adjudicator andmediator in construction disputes. He is author of a number ofbooks on building contracts and arbitration. Also of interest Building Contract Dictionary Third Edition David Chappell, Derek Marshall, Vincent Powell-Smith & SimonCavender 0 632 03964 7 The JCT Minor Works Form of Contract Third Edition David Chappell 1 4051 1523 8 Parris's Standard Form of Building Contract Third Edition David Chappell 0 632 02195 0 The JCT Major Project Form Neil F. Jones 1 4051 1297 2 Evaluating Contract Claims R. Peter Davison 1 4051 0636 0 Construction Adjudication Second Edition John L. Riches & Christopher Dancaster 1 4051 0635 2 The Arbitration Act 1996 A Commentary Third Edition Bruce Harris, Rowan Planterose & Jonathan Tecks 1 4051 1100 3 In preparation The NEC and JCT Contracts Compared Deborah Brown 1 4051 1823 7 Cover design by Workhaus
Category: Technology & Engineering

Construction Delay Claims

Author : Barry B. Bramble
ISBN : 9780735592865
Genre : Law
File Size : 56.49 MB
Format : PDF, Mobi
Download : 326
Read : 540

Contracts can be your first line of defense against delays. But they have to be drafted very carefully. Construction Delay Claims gives you an in-depth analysis of all the pertinent clauses and details what they can and can't do to minimize delays and avoid litigation. Construction Delay Claims, Fourth Edition, by Barry B. Bramble and Michael T. Callahan is written for everyone involved with delay and impact construction claims--the most common form of disputes in the construction industry. You'll find that this resource presents the most thorough, detailed review of delay claims liability available, including a complete description of the entire process for filing and pursuing claims along with more than 1,950 cases and analyses. Construction Delay Claims gives you the information you need to determine your best course of action. the book presents detailed knowledge drawn from the authors' thirty-five years of experience in the industry. You'll learn how to anticipate delays and mitigate damages through the use of advanced planning and immediate responses by the parties involved. You'll also receive helpful instructions about the best use of construction schedules to avert delays, or to prove their impact if they do occur. Construction Delay Claims keeps you completely up-to-date with the changes in the construction industry, and the construction litigation process. Coverage includes: Effective ways to challenge a claimant's use of the Total Cost Method of Calculation The effectiveness of "no damages for delay" clauses The use of ADR methods to resolve delay claims The meaning and implication of concurrent delays Cumulative impact effect of multiple change orders The impact and probability of delays in design-build, construction management, and multiple prime contracting Latest research into the effect and measurement of lost productivity The most recent assessments of how states are applying the Eichleay formula
Category: Law

Global Claims In Construction

Author : Ali Haidar
ISBN : 0857297309
Genre : Technology & Engineering
File Size : 85.44 MB
Format : PDF, ePub, Mobi
Download : 921
Read : 304

In recent years, a number of global claims have failed because they were presented without any systematic analysis, justification or proper calculation of losses. Hence, Global Claims in Construction highlights these issues as well as the importance of understanding causation, factual necessity and the courts’ attitude and approach to global claims. Global Claims in Construction addresses the principles of global claims and their calculation methodologies in detail through extensive references to literature, case law and a real world case study. It aims to be a valuable resource for professionals working in the construction industry, as well as students in construction and engineering.
Category: Technology & Engineering

Riba Journal

Author :
ISBN : UOM:39015049127874
Genre : Architecture
File Size : 78.8 MB
Format : PDF, ePub, Docs
Download : 474
Read : 895

Category: Architecture

Smith Currie And Hancock S Common Sense Construction Law

Author : Thomas J. Kelleher, Jr.
ISBN : 9781118858097
Genre : Technology & Engineering
File Size : 73.23 MB
Format : PDF, ePub, Docs
Download : 710
Read : 314

Cut through the legalese to truly understand constructionlaw Smith, Currie & Hancock's Common Sense ConstructionLaw is a guide for non-lawyers, presenting a practicalintroduction to the significant legal topics and questionsaffecting the construction industry. Now in its fifth edition, thisuseful guide has been updated to reflect the most currentdevelopments in the field, with new information on Public PrivatePartnerships, international construction projects, and more.Readers will find full guidance toward the new forms being producedby the AIA, AGC, and EJDC, including a full review, comparison tothe old forms, areas of concern, and advice for transitioning tothe new forms. The companion website features samples of thesedocuments for ease of reference, and end of chapter summaries andchecklists help readers make use of the concepts in practice. Theupdated instructor support material includes scenario exercises,sample curriculum, student problems, and notes highlighting the keypoints student responses should contain. Construction is one of the nation's single largest industries,but its fractured nature and vast economic performance leave itheavily dependent upon construction law for proper functioning.This book is a plain-English guide to how state and federal lawaffects the business, with practical advice on avoiding disputesand liability. Understand construction law without wading through legaltheory Get information on an emerging method of funding large-scaleprojects Parse the complexities presented by international and overseasprojects Migrate to the new AIA, AGC, and EJDC forms smoothly andconfidently This book doesn't cover legal theory or serve as a lawyer'sguide to case law and commentary – its strength is the clear,unaffected common-sense approach that caters to the constructionprofessional's perspective. For a better understanding ofconstruction law, Smith, Currie & Hancock's Common SenseConstruction Law is an efficient reference.
Category: Technology & Engineering

Construction Litigation

Author : Barry B. Bramble
ISBN : UOM:39015015504577
Genre : Breach of contract
File Size : 23.27 MB
Format : PDF, ePub
Download : 944
Read : 794

This text covers from pretrial activities to evidentiary concerns, forum, trial and appeal issues, and many other topics. It includes tips and tools for construction professionals who must present their positions to opposing parties in negotiations. Illustrative graphics for presenting claims and providing damages are included.
Category: Breach of contract

Construction Litigation

Author : Kenneth M. Cushman
ISBN : UCAL:B4307825
Genre : Actions and defenses
File Size : 79.65 MB
Format : PDF, ePub, Mobi
Download : 591
Read : 1273

Category: Actions and defenses

Macroberts On Scottish Construction Contracts

Author : MacRoberts
ISBN : 9781118273432
Genre : Law
File Size : 49.54 MB
Format : PDF, Docs
Download : 298
Read : 1070

Provides a guide to the general principles of Scottish lawrelevant to construction contracts and the main provisions of thestandard forms of construction contract used in Scotlandincluding: the obligations of employers and contractors certification payment ending a construction contract remedies subcontracts collateral warranties insurance dispute resolution regulatory matters The new edition has been substantially updated and expanded totake account of the latest editions of the Scottish StandardBuilding Contracts and recent case law. Specific updates have beendriven by the following changes to legislation and standardcontracts Local Democracy Economic Development and Construction Act 2009and the relative Scheme for Construction Contracts Arbitration (Scotland) Act 2010 Recognising the significant increase in use of NEC3 standardforms of contract, references to NEC3 provisions have beenintroduced throughout the relevant chapters so that each now coversthe common law, the SBCC provisions and the NEC3 provisions. It also features new chapters on: litigation; competition; theBribery Act 2010; and guarantees and bonds. From reviews of previous editions: ‘very approachable and readable… I wouldparticularly recommend this book to non-legal constructionprofessionals’ – Construction & EngineeringLaw ‘an informative textbook for the practitioner… [a]significant contribution to knowledge’ –Arbitration ‘a highly competent… textbook which would be ofvalue for industry professionals with no legal background’– Construction Law
Category: Law

Avoiding Resolving Construction Claims

Author : Barry B. Bramble
ISBN : UOM:39015019554818
Genre : Actions and defenses
File Size : 41.70 MB
Format : PDF, Kindle
Download : 486
Read : 686

Starting with this catalog, Means offers a select group of references at special prices. These books provide essential information for contractors, design professional, and facilities managers and bring you the expertise of leading authorities. Take advantage of this opportunity to build your reference collection. Demonstrates how to: resolve disputes -- head off claim problems -- manage the claims process, if a claim is inevitable. Includes strategies for evaluating and preparing claims, defending against them, recovering losses, and protecting profits.
Category: Actions and defenses