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Description of Delay And Disruption In Construction Contracts, 3rd Edition

"Highly recommended and essential reading for those dealing with contractual claims"
Tony Francis, Fenwick Elliott, Construction Industry Law Letter

"For anyone charged with the responsibility of determining the rights and liabilities of the parties with regard to delay and extensions of time, this book is essential reading"
Architects and Surveyors Institute Journal

* Acknowledged internationally as the leading authority on delay and disruption
* Provides an update to the practice of change management in construction and civil engineering contracts combined with the practice and law of proof of causation in delay and disruption related claims

This new edition has been extensively updated to include:

* New and expanded sections on
o Acceleration
o Time at large
o Conditions precedent to entitlement
o Contemporaneous analysis
o SCL Protocol
o Change management
o Global claims
o Identifying delay in the absence of a programme
o The use analytical techniques in tort
o Choosing a method of analysis float, concurrency, extensions of time, prolongation and disruption
* Explains in detail the approach to:
o Programming
o Delay and disruption
o Extensions of time and compensation for delay and disruption in the latest versions of a number of standard forms of contracts including:
+ FIDIC suite of Contracts
+ JCT 98, JCT Major Projects Form and JCT with Contractors Design Form
+ MF/1
+ I/Chem.E.
+ PFE change management supplements to the JCT standard forms
+ Comments on another forms used in other countries including those from Australia, Singapore, Hong Kong and USA

Title Information

ISBN:

9781843114260

Pages:

1000 pages

Format:

Hardback

Product Code:

21675

Publisher:

Informa Legal Publishing UK

Published:

01/12/2005

Edition:

3rd Edition

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About Keith Pickavance

Keith Pickavance, LLB (Hons), Dip Arch, Dip ICArb, RIBA, FAE, Architect and Arbitrator

Contents of Delay And Disruption In Construction Contracts, 3rd Edition

* Table of abbreviations.
* Table of cases.
* Table of legislation.
* Table of contract clauses.
* List of diagrams.
* Introduction.
* The risk of development.
o Terminology
o Introduction
o Contract provisions of the standard forms
o Allocation of risk
o Tortious claims arising from delay
* Standard form delay clauses
o Terminology
o Introduction
o The conditions of contract
o Classification of change
o Standard clauses on delay
* Notices, claims and extensions of time
o Introduction
o Notices
o Extensions of time
o Standard provisions for recovery of loss or expense
* The master programme
o Terminology
o Introduction
o The contract programme
o Programme submission
o Programme acceptance
o Developers' programmes
o Contractors' programmes
o The contract period
o Early completion
o Milestones and sectional completion
o Subcontractors
o Work content
o Logical relationships
o Activity durations
o Calculating durations
* Presentation of the master programme
o Terminology
o Introduction
o Contract requirements
o Bar-charts
o Histograms
o Graphs
o Flow charts
o Line of balance
o Milestone charts
o Critical path method
o Network diagram method
o Arrow diagram method
o Cascade diagram method
* The use of computers
o Terminology
o Introduction
o Contract provisions of the standard forms
o The Bill of Quantities
o Discrepancies and divergencies
o Omissions
o Acceleration
o Constructive change
o Consequential changes
* Getting at the facts of delay
o Terminology
o Introduction
o Preparing contemporaneous records
o Types of document
o Document analysis
o The retrospective assembly of evidence
o Discovery, disclosure and inspection
o Independent information management
* Disruption to progress and loss of efficiency
o Introduction
o Industry standards
o Experience
o Time and motion study
o Comparison with other projects
o Productivity
o Expert opinion
* Demonstrating cause and effect
o Terminology
o Introduction
o Cause/effect matrix
o Scott schedules
o The as-planned programme
o The as-built programme
o Delay analysis without CPM
o CPM-based techniques
* Float
o Terminology
o Introduction
o Use of float
o Who owns the float?
* Concurrency
o Terminology
o Introduction
o Excusable delay
o Compensable delay
o Excusable and compensable delay on parallel critical paths
o Apportioning the loss
* Mitigation
o Terminology
o Introduction
o Contract provisions
o Non-compensable delay to progress
o Inexcusable delay to completion
o Compensable delay to progress
o Excusable delay to completion
o Mitigating action by contractor
o Mitigation by developer
* Damages
o Terminology
o Introduction
o Contract provisions of the standard forms
o Exclusion clauses
o Cost factors
o Calculation of damages
o Formula adjustments
o Quantum Meruit
o Identifying the source of loss
o Developer's damages
* Presenting the claim
o Terminology
o Introduction
o Contract provisions of the standard forms
o Global claims
o Who should prepare the claim?
o Preparing the claim
o Settlement
o Terms of settlement
o Formal proceedings
o Misrepresentation and fraud
o Statements of case
* Appendices
o Comparison of risks adopted by the developer
o Comparison of programme requirements
o Model specification clauses for contract programmes
o Computer software for project management
o Standard forms of contract