Delay and Disruption Claims in Construction Second edition

Delay and Disruption Claims in Construction is a practical resource to help guide professionals through the legal, contractual and technical issues associated with various construction claims. Incorporating new case law within an internationally-applicable framework, the new edition provides readers with advice for dealing with inter-related issues associated with delay and disruption claims In construction by outlining the principles behind these claims. This book contains real life case studies and detailed analysis and assessment of the claims presented. It also tackles many technical, contractual and legal issues, such as doctrines in law, claim analysis, mitigation and settlement; hence, demonstrating the different options available In order to reduce the time and cost of dispute resolution and legal proceedings. Covering contract law, breaches of contract, delay and disruption issues and resulting loss and expenses, Delay and Disruption Claims in Construction also; provides methodologies for calculating losses and related costs, explains assessment techniques and the approach, or combined approach, appropriate for the circumstances of a particular case, details how facts or points in law should be applied to substantiate claims, illustrates how to understand and present a claim, and how to prove liability, advises how to present and structure delay and disruption claims in a meaningful way for the best outcome, evaluates the ability of pertinent contract clauses to minimise delays and avoid litigation, covers real life, in-depth case studies for extension of time, loss and expense and disruption claims Delay and Disruption Claims in Construction is an essential guide for engineers, lawyers, surveyors, architects, and other professionals working in the construction industry embarking on writing or defending claims. It is also a valuable reference tool for students in specialised fields of construction and engineering.

1124350047
Delay and Disruption Claims in Construction Second edition

Delay and Disruption Claims in Construction is a practical resource to help guide professionals through the legal, contractual and technical issues associated with various construction claims. Incorporating new case law within an internationally-applicable framework, the new edition provides readers with advice for dealing with inter-related issues associated with delay and disruption claims In construction by outlining the principles behind these claims. This book contains real life case studies and detailed analysis and assessment of the claims presented. It also tackles many technical, contractual and legal issues, such as doctrines in law, claim analysis, mitigation and settlement; hence, demonstrating the different options available In order to reduce the time and cost of dispute resolution and legal proceedings. Covering contract law, breaches of contract, delay and disruption issues and resulting loss and expenses, Delay and Disruption Claims in Construction also; provides methodologies for calculating losses and related costs, explains assessment techniques and the approach, or combined approach, appropriate for the circumstances of a particular case, details how facts or points in law should be applied to substantiate claims, illustrates how to understand and present a claim, and how to prove liability, advises how to present and structure delay and disruption claims in a meaningful way for the best outcome, evaluates the ability of pertinent contract clauses to minimise delays and avoid litigation, covers real life, in-depth case studies for extension of time, loss and expense and disruption claims Delay and Disruption Claims in Construction is an essential guide for engineers, lawyers, surveyors, architects, and other professionals working in the construction industry embarking on writing or defending claims. It is also a valuable reference tool for students in specialised fields of construction and engineering.

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Delay and Disruption Claims in Construction Second edition

Delay and Disruption Claims in Construction Second edition

by Peter Thomas Barnes, Ali Haidar
Delay and Disruption Claims in Construction Second edition

Delay and Disruption Claims in Construction Second edition

by Peter Thomas Barnes, Ali Haidar

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Overview

Delay and Disruption Claims in Construction is a practical resource to help guide professionals through the legal, contractual and technical issues associated with various construction claims. Incorporating new case law within an internationally-applicable framework, the new edition provides readers with advice for dealing with inter-related issues associated with delay and disruption claims In construction by outlining the principles behind these claims. This book contains real life case studies and detailed analysis and assessment of the claims presented. It also tackles many technical, contractual and legal issues, such as doctrines in law, claim analysis, mitigation and settlement; hence, demonstrating the different options available In order to reduce the time and cost of dispute resolution and legal proceedings. Covering contract law, breaches of contract, delay and disruption issues and resulting loss and expenses, Delay and Disruption Claims in Construction also; provides methodologies for calculating losses and related costs, explains assessment techniques and the approach, or combined approach, appropriate for the circumstances of a particular case, details how facts or points in law should be applied to substantiate claims, illustrates how to understand and present a claim, and how to prove liability, advises how to present and structure delay and disruption claims in a meaningful way for the best outcome, evaluates the ability of pertinent contract clauses to minimise delays and avoid litigation, covers real life, in-depth case studies for extension of time, loss and expense and disruption claims Delay and Disruption Claims in Construction is an essential guide for engineers, lawyers, surveyors, architects, and other professionals working in the construction industry embarking on writing or defending claims. It is also a valuable reference tool for students in specialised fields of construction and engineering.


Product Details

ISBN-13: 9780727759672
Publisher: I C E Publishing
Publication date: 08/01/2014
Pages: 127
Product dimensions: 6.00(w) x 9.30(h) x 0.60(d)

Table of Contents

Preface vii

About the authors ix

01 Introduction 1

1.1 General 1

1.2 Purpose of this book 1

Reference 2

02 Construction and contract law 3

2.1 Construction law 3

2.2 Contract law 3

References 9

03 Breach of contract and remedies 11

3.1 Breach of contract 11

3.2 Damages 11

3.3 Liquidated damages 14

3.4 Burden and standard of proof 18

04 Delay and disruption 23

4.1 Delay and disruption - an introduction 23

4.2 Obligations as to time 25

4.3 Purpose of extension of time clauses 26

4.4 Time is of the essence 27

4.5 Time at large 29

4.6 Project programming 31

4.7 Critical path and float 32

4.8 Delay analysis 34

4.9 The Delay and Disruption Protocol 39

4.10 Extension of time in period of culpable delay 41

4.11 Concurrent delays 41

4.12 Mitigation 46

4.13 Acceleration 47

4.14 Records 48

05 Loss and expense 51

5.1 Loss and expense 51

5.2 Delay cost and disruption cost claims 53

5.3 Common loss and expense heads 53

06 Case study - an extension of time claim for two office blocks 75

6.1 Introduction and background 75

6.2 The contract 76

6.3 The dispute 77

6.4 Concurrent delay 89

6.5 Summary 90

07 Case study - a loss and expense claim for two office blocks 93

7.1 Introduction and background 93

7.2 The contract 93

7.3 The valuation of preliminaries in the variation account 94

7.4 Loss and expense and/or damages 96

7.5 The contractor's prolongation costs 97

7.6 Sub-contractor's loss and expense 102

7.7 Head office overheads 105

7.8 Loss and expense summary 107

08 Case study - a typical contractor's claim for an extension of time 109

8.1 Introduction 109

8.2 Background 109

8.3 Statement of claim 111

8.4 Extensions of time already determined 113

8.5 Time for payment and entitlement to suspend 113

8.6 Time at large 114

8.7 Concurrency 115

8.8 Claim rationale 116

Index 121

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