DELAY ANALYSIS IN CONSTRUCTION CONTRACTS

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Delay Analysis In Construction Contracts

Author : John U. L. Keane
ISBN : 9781118631171
Genre : Law
File Size : 74.53 MB
Format : PDF, ePub
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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 : Andrew Burr
ISBN : 9781317377726
Genre : Law
File Size : 75.64 MB
Format : PDF, Kindle
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Delay and disruption in the course of construction impacts upon building projects of any scale. Now in its 5th edition Delay and Disruption in Construction Contracts continues to be the pre-eminent guide to these often complex and potentially costly issues and has been cited by the judiciary as a leading textbook in court decisions worldwide, see, for example, Mirant v Ove Arup [2007] EWHC 918 (TCC) at [122] to [135] per the late His Honour Judge Toulmin CMG QC. Whilst covering the manner in which delay and disruption should be considered at each stage of a construction project, from inception to completion and beyond, this book includes: An international team of specialist advisory editors, namely Francis Barber (insurance), Steve Briggs (time), Wolfgang Breyer (civil law), Joe Castellano (North America), David-John Gibbs (BIM), Wendy MacLaughlin (Pacific Rim), Chris Miers (dispute boards), Rob Palles-Clark (money), and Keith Pickavance Comparative analysis of the law in this field in Australia, Canada, England and Wales, Hong Kong, Ireland, New Zealand, the United States and in civil law jurisdictions Commentary upon, and comparison of, standard forms from Australia, Ireland, New Zealand, the United Kingdom, USA and elsewhere, including two major new forms New chapters on adjudication, dispute boards and the civil law dynamic Extensive coverage of Building Information Modelling New appendices on the SCL Protocol (Julian Bailey) and the choice of delay analysis methodologies (Nuhu Braimah) Updated case law (to December 2014), linked directly to the principles explained in the text, with over 100 helpful "Illustrations" Bespoke diagrams, which are available for digital download and aid explanation of multi-faceted issues This book addresses delay and disruption in a manner which is practical, useful and academically rigorous. As such, it remains an essential reference for any lawyer, dispute resolver, project manager, architect, engineer, contractor, or academic involved in the construction industry.
Category: Law

Construction Delays

Author : Roger Gibson
ISBN : 9781134281725
Genre : Technology & Engineering
File Size : 74.17 MB
Format : PDF, Mobi
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This book provides guidance on delay analysis, particularly in relation to extension of time submissions. It gives readers the information and practical details to be considered in formulating and resolving extension of time submissions and time-related prolongation claims. Useful guidance and recommended good practice is given on all the common delay analysis techniques, and worked examples of extension of time submissions and time-related prolongation claims are included. Written in a practical and user-friendly style, the book includes helpful charts and graphics. It will be useful for construction professionals dealing with extensions of time and delay claims, and for lawyers and others who are involved in the contentious side of the construction and engineering industries. Roger Gibson has over 40 years of planning & programming experience in the construction and engineering industries. During the latter part of his career his has received many appointments as an Expert in time-related disputes.
Category: Technology & Engineering

Causation And Delay In Construction Disputes

Author : Nicholas J. Carnell
ISBN : 9780470759349
Genre : Technology & Engineering
File Size : 40.20 MB
Format : PDF
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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: Technology & Engineering

Construction Contract Claims

Author : R.W. Thomas
ISBN : 9780230344426
Genre : Law
File Size : 69.34 MB
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Aimed at construction professionals, contractors and undergraduate and postgraduate students, this book confronts all of the difficult problems that arise in claims situations in the UK and internationally. Extensive reference to UK and international case law and a systematic approach to various types of claims, assisted by helpful and explanatory diagrams, make this book second to none as a 'trouble-shooting' guide to the presentation of, and response to, the negotiation and settlement of claims. This new edition considers in equal measure the latest editions of both NEC3 and JCT contracts and provides worked examples of claims under each. It also includes the latest revisions to the Housing Grants, Construction and Regeneration Act 1996 and the Scheme for Construction Contracts, which together make significant changes to payment and adjudication in the construction industry. Other key features: • A practical approach to solving contract claims including essential sections on claims presentation, delay analysis and non-productivity calculations • An emphasis on dealing with factual evidence • Helpful spreadsheet examples • Up-to-date coverage of developments in competition law in relation to the public procurement regulations, and the impact of these requirements at tender stage • A book that will save professionals and contractors time and money, and prepare students for the reality of the construction industry
Category: Law

Administration Of Construction Contracts

Author : Santosh Srivastava
ISBN : 9789352067572
Genre : Reference
File Size : 24.51 MB
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A contract (or an agreement) is associated with almost everything, wherein more than one person (or party) is involved. Whether it’s a marriage, purchase of a property or construction of a project, all need a proper contract and in-turn, they need resilient and robust contract administration. Today, large value and complex contracts have to cater to the needs of globalization, increased regulations and the ever-changing technologies. These complexities have contributed to an environment rendering administration of a contract difficult. Therefore, projects are prone to delays, additional unforeseen expenses and may also all-together lead to a project failure. This has also led many organizations to view a contract as a tool to have undue control by imposing rigid standards and conditions oblivious to the fact that these may not always be to their advantage. It is with this intent that this book has been written by an experienced contracts manager, who has had a first-hand experience of the struggle, while going through a jargon of clauses and documents within a contract.. The “basis of expectations” requires an overall understanding of the contract and the author expects that this book comes handy to such a professional in his/her pursuit of excellence.
Category: Reference

Liquidated Damages And Extensions Of Time

Author : Brian Eggleston
ISBN : 1444301632
Genre : Technology & Engineering
File Size : 58.80 MB
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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

Evaluating Contract Claims

Author : R. Peter Davison
ISBN : 1444301470
Genre : Technology & Engineering
File Size : 58.89 MB
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Most medium to large construction contracts include a claim forextra payment for variations or disruption to the programme. Whilstthe causes of the claim are often well documented, what can andcannot be included in the payment is often misunderstood and thecalculation of quantum consequently becomes vague and poorlysubstantiated. Thoroughly updated over the previous edition, reflectingpertinent Court decisions on damages and the duty to mitigate, thenew edition covers new provisions of the revised JCT 2005 contractsand the 2005 New Engineering Contract. There is substantialadditional material on issues arising from time and delay analysisand the financial consequences of changes to time – issuesthat regularly cause real problems in the evaluation of quantum forconstruction claims. Most current books on the subject concentrate on theestablishment of liability and the requirements of individualstandard forms of contract. This book, however, concentrates on thequantification of claims after liability has been established,regardless of the form of contract used, and sets out theprinciples and methods that should be reflected in the evaluationof claim quantum and the standard of substantiation required. Itwill therefore appeal to those working with both building andengineering contracts. Reviews of the previous edition "Well written and highly informative" BuildingEngineer “His observations on the assessment of productivity andthe use of facilities and equipment are particularly helpful forlawyers, who deal with construction claims” ConstructionLaw
Category: Technology & Engineering

Keating On Construction Contracts

Author : Stephen Furst
ISBN : 9780414047921
Genre : Building laws
File Size : 84.22 MB
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Provides detailed commentary on all issues relating to construction contracts-Gives practical help on interpreting legislation and analysing judicial decisions-Up-to-date references to case law, journals and other source material -Covers UK case law and relevant decisions from Europe and overseas-Includes Commentary on JCT Standard Form of Building Contract and Nominated Sub Contract -Features key sections of Housing Grants, Construction and Regeneration Act
Category: Building laws