A Practical Guide to Disruption and Productivity Loss on Construction and Engineering Projects

Author: Roger Gibson
Publisher: John Wiley & Sons
ISBN: 9781118992180
Release Date: 2015-02-25
Genre: Law

Disruption of a construction project is of key concern to the contractor as any delay to the project will involve the contractor in financial loss, unless those losses can be recovered from the employer. It is, however, acknowledged that disruption claims in construction are difficult to prove, usually the result of poor or inaccurate project records, but the cost of lost productivity or reduced efficiency to the contractor under these circumstances is very real. Practical Guide to Disruption and Productivity Loss on Construction & Engineering Projects is clearly written to explain the key causes of disruption and productivity loss. Disruption claims rest on proof of causation, so it discusses the project records that are necessary to demonstrate the causes of disruption, lost productivity and reduced efficiency in detail. Quantification of a disruption claim in terms of delay to activities and the associated costs are also fully discussed. With many worked examples throughout the text, this will be an essential book for anyone either preparing or assessing a disruption and loss of productivity claims, including architects, contract administrators, project managers and quantity surveyors as well as contractors, contracts consultants and construction lawyers.

Construction Delays

Author: Roger Gibson
Publisher: Routledge
ISBN: 9781134281725
Release Date: 2008-04-30
Genre: Technology & Engineering

This book provides guidance on delay analysis, particularly in relation to extension of time submissions. It gives readers the information and practical details to be considered in formulating and resolving extension of time submissions and time-related prolongation claims. Useful guidance and recommended good practice is given on all the common delay analysis techniques, and worked examples of extension of time submissions and time-related prolongation claims are included. Written in a practical and user-friendly style, the book includes helpful charts and graphics. It will be useful for construction professionals dealing with extensions of time and delay claims, and for lawyers and others who are involved in the contentious side of the construction and engineering industries. Roger Gibson has over 40 years of planning & programming experience in the construction and engineering industries. During the latter part of his career his has received many appointments as an Expert in time-related disputes.

200 Contractual Problems and their Solutions

Author: J. Roger Knowles
Publisher: John Wiley & Sons
ISBN: 9781118257043
Release Date: 2012-01-09
Genre: Law

This book examines 200 contractual problems which regularly arise on building and engineering projects and provides a detailed explanation of their solutions, citing standard contract conditions and key parts of legal judgements as authority. A succinct summary is provided at the end of each detailed solution. It covers problems together with their solutions in respect of: Procurement matters Tenders and bidding Design issues Letters of intent Contractor's programme Contractor's float Delays Concurrent Delays Extensions of time Liquidated/delay damages Unliquidated damages Variations Loss and expense/additional cost claims Acceleration Global claims Payment Damage to the works Exclusion clauses Retention of title Practical completion Defect correction Adjudication This book deals with a broad range of construction contracts including JCT Standard Form and Design and Build, New Engineering Contract NEC3, ICE and GC/Works/1. This book was first published under the title of One Hundred Contractual Problems and Their Solutions, with a second edition entitled One Hundred and Fifty Contractual Problems and their Solutions. This third edition adds 50 new problems and replaces 15 of those in the last edition. Of the remainder half have been the subject of revision. "Deserves a place on every site and in every office as the standard handbook on contractual problems" —Construction Law Digest

Delay Analysis in Construction Contracts

Author: P. John Keane
Publisher: John Wiley & Sons
ISBN: 9781118631126
Release Date: 2015-04-27
Genre: Law

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)

Construction Claims and Responses

Author: Andy Hewitt
Publisher: John Wiley & Sons
ISBN: 9781119151883
Release Date: 2016-03-22
Genre: Law

A practical, step-by-step guide for contracts managers, commercial managers, project managers, quantity surveyors, engineers and architects on the preparation of and responses 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 the submission of a claim and covers: Various types of claim. How the claim may be split into sections dealing with the details of the contract, the cause, the effect, entitlement and quantum. What this section is attempting to demonstrate or achieve and why. What should be included within the section and why. Worked examples of typical claims and responses with sample wording.

Delay and Disruption in Construction Contracts

Author: Andrew Burr
Publisher: Taylor & Francis
ISBN: 9781351595964
Release Date: 2017-11-22
Genre: Law

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.

FIDIC A Guide for Practitioners

Author: Axel-Volkmar Jaeger
Publisher: Springer Science & Business Media
ISBN: 364202100X
Release Date: 2009-11-11
Genre: Law

In 1999, a suite of three new conditions of contract was published by FIDIC, following the basic structure and wording harmonised and updated around the previous FIDIC Design-Build and Turnkey Contract (the 1992 ‘‘Orange Book’’). These conditions, known as the ‘‘FIDIC rainbow, were the Conditions of C- tract for: l Construction, the so-called Red Book, for works designed by the Employer l Plant and Design-Build, the so-called Yellow Book, for works designed by the Contractor l EPC/Turnkey Projects, the so-called Silver Book, for works designed by the Contractor The ?rst is intended for construction works where the Employer is responsible for the design, as for per the previous so-called Red Book 4th Edition (1987), with an important role for the Engineer. The other two conditions of contract are intended for situations when the Contractor is responsible for the design. The Plant and Design-Build Contract has the traditional Engineer while the EPC/Turnkey Contract has a two-party arran- ment, generally with an Employer’s Representative as one of the parties.

Calculating Construction Damages

Author: William Schwartzkopf
Publisher: Aspen Publishers Online
ISBN: 0735514801
Release Date: 2000-11-01
Genre: Law

Calculating construction damages can be complex and confusing. Written by recognized experts in the area of construction claims, Aspen Publishers' Calculating Construction Damages is a one-of-a-kind resource providing step-by-step guidelines for valuing a claim and calculating damages. Calculating Construction Damages keeps you completely up-to-date with the changes in the construction industry, and provides new and updated coverage on: Reductions in scope through deductive changes The meaning and explanation of acceleration The use of the actual cost method and the total cost method to calculate damages The effectiveness of expanding on productivity analysis. The definition of home office overhead costs and the use of the Eichleay formula. The most recent assessment of attorneys' fees on Miller Act claims Only Aspen Publishers' Calculating Construction Damages leads you through every step you need to take in order to reach an accurate assessment of construction damages. Complete coverage includes: General Principles of Damage Calculation Labor Costs Equipment and Small Tool Costs; Additional Equipment Costs Material Costs Bond and Insurance Costs Home Office Overhead Calculating Construction Damages is organized by type of damage rather than type of claim. Its clear, mathematical techniques will enable you to value any claim and accurately calculate damages.

Cumulative Impact and Other Disruption Claims in Construction

Author: Richard J. Long
Publisher:
ISBN: 1621375277
Release Date: 2014-05-29
Genre: Law

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.

Construction Claims

Author: Paul Netscher
Publisher: Createspace Independent Publishing Platform
ISBN: 1537086324
Release Date: 2016-09-12
Genre: Architecture, Domestic

Most construction projects have changes, variations and delays. Due to insufficient knowledge contractors often don't claim their time and costs resulting from these events, or, their claims end in protracted and expensive legal battles. This easy to read book demystifies the claims processes ensuring entitlements are claimed. Learn when you can claim, how to make claims compelling, and the supporting documentation required to win. Your eyes will be opened to numerous events, costs and impacts. Knowing some of these tips could dramatically improve profits and avoid time consuming acrimonious disputes. Also included is advice for contractors to avoid and defend claims from employers and subcontractors. Ensure you're granted the time and costs you are entitled to by submitting winning claims.

Construction Contract Variations

Author: Michael Sergeant
Publisher: CRC Press
ISBN: 9781317685159
Release Date: 2014-05-23
Genre: Law

Changes to the work on construction projects are a common cause of dispute. Such variations lead to thousands of claims in the UK every year and many more internationally. Liability for variations is not only relevant to claims for sums due for extra work but this is also an important underlying factor in many other construction disputes, such as delay, disruption, defects and project termination. This is the first book to deal exclusively with variations in construction contracts and provide the detailed and comprehensive coverage that it demands. Construction Contract Variations analyses the issues that arise in determining whether certain work is a variation, the contractor’s obligation to undertake such work as well as its right to be paid. It deals with the employer’s power to vary and the extent of its duties to approve changes. The book also analyses the role of the consultant in the process and the valuation of variations. It reviews these topics by reference to a range of construction contracts. This is an essential guide for practitioners and industry professionals who advise on these issues and have a role in managing, directing and compensating change. Participants in the construction industry will find this book an invaluable guide, as will specialists and students of construction law, project management and quantity surveying.

The Law of Construction Disputes

Author: Cyril Chern
Publisher: CRC Press
ISBN: 9781317433460
Release Date: 2016-04-04
Genre: Law

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.

Reliability Engineering and Risk Analysis

Author: Mohammad Modarres
Publisher: CRC Press
ISBN: 9781498745895
Release Date: 2016-11-25
Genre: Technology & Engineering

This undergraduate and graduate textbook provides a practical and comprehensive overview of reliability and risk analysis techniques. Written for engineering students and practicing engineers, the book is multi-disciplinary in scope. The new edition has new topics in classical confidence interval estimation; Bayesian uncertainty analysis; models for physics-of-failure approach to life estimation; extended discussions on the generalized renewal process and optimal maintenance; and further modifications, updates, and discussions. The book includes examples to clarify technical subjects and many end of chapter exercises. PowerPoint slides and a Solutions Manual are also available.

Delay and Disruption in Construction Contracts

Author: Keith Pickavance
Publisher: Informa Pub
ISBN: 1859785085
Release Date: 2000
Genre: Business & Economics

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.