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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)
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.
Years of extensive research culminated in this easy to read reference guide for the analysis and formulation of delay claims. Complex delay analysis concepts are made accessible with easy to understand diagrams and descriptions. The Second Edition of this popular book includes a new section on claims as a result of pandemics. The book shares information in a user-friendly manner on: Delays - terms, definitions, and conceptsCommon Causes of delay - Delay Analysis - terms, definitions, and concepts- Common Delay Analysis Methods simplified- Cause & Effect, Concurrency, and Float Ownership- Delays caused by Pandemics - Risk Allocation - How construction contracts deal with pandemics - Pandemics as Excusable delays - Pandemics as Force Majeure - Claim Analysis - Pandemics and popular form contracts- Step-by-step Delay Analysis for complex claims- Claim Formulation in 6 easy steps- Construction Form Contacts - Claim Analysis The book is written in such a way that it can be utilized for an in-depth study into delays or as a roadmap to analyze or formulate delay claims.
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, which is well illustrated, features practical worked examples and case studies demonstrating the techniques commonly used by experienced practitioners. This is an invaluable resource to contractors, architects, engineers, surveyors, programmers and delay analysts, and 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.
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.
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.
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.
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.
Delays in construction projects are frequently expensive, since there is usually a construction loan involved which charges interest, management staff dedicated to the project whose costs are time dependent, and ongoing inflation in wage and material prices. Many techniques are used to analyze delays. Some of these methods have inherent weaknesses and should be avoided. This book points out the shortcomings of these faulty methods and explains how a delay analysis should be performed. It then describes specifically how the analysis is done with CPM schedules. A explanation of delays and delay damages, presented in a straightforward, accessible manner, should be useful to public and private owners, construction managers, general contractors, subcontractors, designers, suppliers, and attorneys whose work involves them in the construction industry. The discussion will include subtleties of the process, such as shifts in the critical path, and non-critical delays. The subject of damages is covered in detail, including the major categories of extended field overhead and unabsorbed home office overhead. Likewise, the damages suffered by the owner, either actual or liquidated, are also explained. Finally, a chapter is devoted to managing the risk of delays and time extensions from the viewpoints of the various parties to a construction project. A discussion of early completion schedules and constructive acceleration is also included. In this new ediion, all chapters are updated to reflect the changes in the construction field since the first edition published over l6 years ago. The Second Edition includes over 40% more information such as new methods for analyzing delays with examples of the proper approach. The author also includes a new chapter on risk managment which focuses on the delay-related risks of the various parties in a construction project. - Explains the different categories of delays - Addresses the concept of concurrency and also non-critical delays - Discusses the more common approaches used for measuring and analyzing delays and the strengths and weaknesses associated with them - Prevention of Time-Related Delay Problems
International Arbitration Law Library, Volume Number 57 Collaboration between multiple parties from different countries is one of the main challenges of almost every international undertaking, and this is especially true in the case of large and complex construction projects, such as airport terminals, interchange subway stations, distribution centers, industrial processing and manufacturing facilities or hydropower plants. This comprehensive analysis of key legal issues arising from interdependencies between multiple contracts methodically lays out, from a Swiss law perspective, the way in which coordination of works in construction projects could or should occur. It also examines the legal consequences of coordination failure and various related aspects of dispute resolution. Topics covered include the following: interfaces and interdependencies across the system boundaries of multiple contracts coordination responsibilities derived from the principle of good faith and from a contextual interpretation of interdependence-related FIDIC Red Book provisions; delegation scenarios; liability for breach of contract and legal remedies in case of delay, disruption, defects, destruction and performance impossibility; direct claims against third parties; taking of evidence under substantively intertwined contracts; and coordination of interrelated arbitration proceedings. The detailed analysis draws on numerous specific real-life examples as well as illustrative Swiss and Unites States case law. An appendix offers very useful practice pointers. Although considering Swiss law, which is a frequent choice for the law governing international construction contracts, the analysis deals with an array of conceptual aspects of multiple contracts and coordination, thereby addressing a great number of issues beyond the limits of national law. With its practical examples, the book is sure to be welcomed by those seeking to avoid or resolve disputes to which project coordination may give rise. It will prove of particular value to practitioners negotiating international construction contracts, arbitrators, in-house counsel representing owners and contractors involved in international construction projects, members of dispute review boards and project managers.