Causation and Delay in Construction Disputes

Causation and Delay in Construction Disputes
Author: Nicholas J. Carnell
Publisher: John Wiley & Sons
Total Pages: 320
Release: 2008-08-06
Genre: Technology & Engineering
ISBN: 0470759348

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.

Delay Analysis in Construction Contracts

Delay Analysis in Construction Contracts
Author: P. John Keane
Publisher: John Wiley & Sons
Total Pages: 290
Release: 2015-06-29
Genre: Law
ISBN: 111863117X

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)

Delay and Disruption in Construction Contracts

Delay and Disruption in Construction Contracts
Author: Keith Pickavance
Publisher:
Total Pages: 0
Release: 2000
Genre: Breach of contract
ISBN: 9781859785089

The first edition of Delay and Disruption in Construction Contracts was reviewed in CILL, June 1998, p1396. This book remains the most comprehensive English work dedicated to delay, disruption and related issues and remains the leader in its field. The second edition considers in detail the implications of recent cases such as Henry Boot Constructions (UK) Limited v Mal Maision Hotel (Manchester) Limited and Ascon Contracting Limited v Alfred McAlpine Construction (Isle of Man) Limited. Further, the second edition is significantly expanded with a number of additional chapters. Of particular interest and importance are the separate chapters on disruption and the use of computers for the presentation of claims. As with the first edition the second edition is highly recommended and essential reading for those dealing with contractual claims.

Proving and Pricing Construction Claims

Proving and Pricing Construction Claims
Author: Robert F. Cushman
Publisher: Wolters Kluwer
Total Pages: 666
Release: 2000-12-01
Genre: Law
ISBN: 0735514453

The most useful, definitive resource available on every aspect of construction claims, including: how to present the claims how to calculate and prove the amount of damages sustained and how to prove liability It even covers the clauses that should be in every construction contract. You'll get comprehensive coverage of all the important issues -- delay claims, differing site conditions claims, claims for lost profit, international claims, and much more. Includes a variety of winning strategies, practice tips, and helpful checklists to minimize damages and maximize collectability.

Collaboration and Integration in Construction, Engineering, Management and Technology

Collaboration and Integration in Construction, Engineering, Management and Technology
Author: Syed M. Ahmed
Publisher: Springer Nature
Total Pages: 651
Release: 2020-12-21
Genre: Science
ISBN: 3030484653

This book gathers papers presented at the 11th International Conference on Construction in the 21st Century, held in London in 2019. Bringing together a diverse group of government agencies, academics, professionals, and students, the book addresses issues related to construction safety, innovative technologies, lean and sustainable construction, international construction, improving quality and productivity, and innovative materials in the construction industry. In addition, it highlights international collaborations between various disciplines in the areas of construction, engineering, management, and technology. The book demonstrates that, as the industry moves forward in an ever-complex global economy, multi-national collaboration is crucial, and its future growth will undoubtedly depend on international teamwork and alliances.

Building Contract Claims

Building Contract Claims
Author: David Chappell
Publisher: John Wiley & Sons
Total Pages: 568
Release: 2008-04-15
Genre: Technology & Engineering
ISBN: 140514808X

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

The Law of Construction Disputes

The Law of Construction Disputes
Author: Cyril Chern
Publisher: CRC Press
Total Pages: 762
Release: 2016-04-04
Genre: Law
ISBN: 1317433467

Now in a fully updated second edition, The Law of Construction Disputes is a leading source of authoritative and detailed information on the whole area of construction law including contracts and their performance, third parties, pursuing claims and dispute resolution. It covers the construction dispute process by analysing the main areas from which disputes arise, up to date case law, and how to effectively deal with construction project disputes once they have arisen. This edition expands on advanced practitioner issues, as well as the emerging law of construction disputes on an international basis and gives the practitioner all the case law needed in one concise volume. The book examines the methods and methodology of construction law, not only for a common law context, but also under other legal systems. Readers will be guided through the various international contract formats governing construction, alongside applicable case law. Additionally, they will be shown the correct contract provisions and forms used to prevent disputes from escalating in order to reach successful conclusions without litigation. Including expert advice and many relevant reference materials, this book is an extremely helpful guide to legal practitioners and construction professionals.

Global Claims in Construction

Global Claims in Construction
Author: Ali Haidar
Publisher: Springer Science & Business Media
Total Pages: 295
Release: 2011-07-20
Genre: Technology & Engineering
ISBN: 0857297309

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.