Delay and Disruption Claims in Construction


Book Description

It is an internationallyapplicable, practical resource that guides professionals through every type and aspect of delay and disruption claims. Drawing on their experience, the authors outline a practical approach to the presentation of delay and disruption claims in construction within a legal, contractual and technical framework. Detailed case studies are used to describe the different problems that can be encountered and explain the more dynamic approach to the settlement of claims, often taken in the international market, to help reduce the time and cost of legal proceedings.




Delay and Disruption in Construction Contracts


Book Description

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.




Delay Analysis in Construction Contracts


Book Description

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)




Quantification of Delay and Disruption in Construction and Engineering Projects


Book Description

Delay and disruption often impacts entire projects and is prevalent throughout the entire construction and engineering industries - no project or construction professional is immune to the effects. This book is aimed at any construction professional anywhere in the world who is involved in preparing, assessing, managing and/or deciding issues concerning the assessment of additional time to complete the work, and also additional payment for delay and/or disruption to the progress of a construction or engineering project. Delay and disruption is endemic in the construction industry and leads to time and cost overruns. It is therefore essential that delays and/or disruptions are identified early so that corrective action can be taken. However, when delay and/or disruption actually occurs, the issue of quantifying the period of any delay, the effects of disruption, and the quantification of the resulting loss during, and especially at the end, of a project is complicated.




Cumulative Impact and Other Disruption Claims in Construction


Book Description

Cumulative impacts on construction projects remain largely an ill-defined concept. A more thorough understanding of cumulative impacts as defined by the construction industry and courts and boards will aid the contractor in preparing its damages and proving causation. The information herein provides a blueprint for the contractor seeking to recover costs that result from disruption and the cumulative impact of changes. Conversely, information is also provided that can be used by the owner to identify weaknesses in the contractor's claim submittal to better defend against a cumulative impact claim.




Schedule Delay Analysis


Book Description

Standard ANSI/ASCE/CI 67-17 presents 35 guiding principles that can be used on construction projects to assess responsibility for delays and to calculate associated damages.




Delay and Disruption in Construction Contracts


Book Description

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.




Construction Claims and Responses


Book Description

A practical, step-by-step guide on how to prepare and respond to construction claims. Everyone involved in the preparation or review of construction claims should have this book to hand. The book examines the different types of claim common to construction contracts and presents a step-by-step guide to demonstrate the process of building up a fully detailed claim submission. It includes advice on: Contract administration for claims and claims avoidance. Identifying the various types of claim. The key points for an effective claim or response document. The essential elements to be included in a claim or response. Extension of time claims. Claims for additional payment. Principles of delay analysis. Quantum calculations. Responses and determinations to achieve agreement and avoid disputes. A note on dispute boards. The advice given in the book is supported by worked examples of typical claims and responses with sample wording. The book includes a foreword by Roger Knowles, who has this to say: “The book is without a doubt fully comprehensive and goes though the preparation of a claim from A to Z. I have no hesitation in recommending it to students, beginners, those involved on a day-to-day basis with time and cost on projects, as well as the seasoned claims consultants”. This book is suitable for contracts managers, commercial managers, project managers, quantity surveyors, engineers and architects. A practical, step-by-step guide on how to prepare and respond to construction claims. Everyone involved in the preparation or review of construction claims should have this book to hand. The book examines the different types of claim common to construction contracts and presents a step-by-step guide to demonstrate the process of building up a fully detailed claim submission. It includes advice on: Contract administration for claims and claims avoidance. Identifying the various types of claim. The key points for an




Construction Delays


Book Description

This practical, user-friendly guide for construction professionals and lawyers deals with extensions of time, and includes examples for detailed submissions, helpful charts, graphics and electronic templates.




Preparing Construction Claims


Book Description

Provides tools and techniques required to research and prepare a contractual construction claim This book guides readers through the techniques and approach for properly preparing a construction contract claim and seeing it through. It teaches them how to gather all the facts in order to present arguments concisely, clearly, and forcefully. It focuses on the practical issues of how to research and present a contract claim—whether it be for additional time, prolongation costs, disruption, or revised rates and prices for work due to some changed circumstance affecting construction. Aimed at those who need to prepare a claim, but just as helpful to those defending one, Preparing Construction Claims offers chapter coverage on everything about planning and programming—the methods for assessing them, as well as regular and computerized techniques. The book covers time chainage/line of balance; bar charts, common sense evaluation techniques; and relevant clauses that all contracts contain. Readers will learn about standard forms and common deviations and modifications made by employers. They’ll also be taught how to establish the entitlement to make a claim from the contract and then shown what to do next. In addition, the book teaches them what to do when their records are insufficient; how to resolve a dispute; and much more. A clear and comprehensive, step-by-step guidebook for researching and preparing contractual construction claims Includes worked examples of certain types of claims to help readers comprehend the process Beneficial to both sides of a claim—teaching each how they should approach one Preparing Construction Claims is an essential “how to” manual for contractors, subcontractors, and consultants worldwide dealing with all manner of construction disputes and claims preparation.