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Summary
Summary
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. Book jacket.
Author Notes
Ali D Haidar has 25 years' experience in the construction industry with much emphasis in recent years on contract management, claims and programme management His expertise in assessing and presenting claims has made him a leading consultant in the Middle East.
Peter Barnes has been actively involved in the construction and civil engineering industry for over 35 years, with the last ten years being spent dealing entirely with claims and dispute avoidance and/or resolution in the industry.
Table of Contents
| Preface | p. vii |
| About the authors | p. ix |
| 01 Introduction | p. 1 |
| 1.1 General | p. 1 |
| 1.2 Purpose of this book | p. 1 |
| Reference | p. 2 |
| 02 Construction and contract law | p. 3 |
| 2.1 Construction law | p. 3 |
| 2.2 Contract law | p. 3 |
| References | p. 9 |
| 03 Breach of contract and remedies | p. 11 |
| 3.1 Breach of contract | p. 11 |
| 3.2 Damages | p. 11 |
| 3.3 Liquidated damages | p. 14 |
| 3.4 Burden and standard of proof | p. 18 |
| 04 Delay and disruption | p. 23 |
| 4.1 Delay and disruption - an introduction | p. 23 |
| 4.2 Obligations as to time | p. 25 |
| 4.3 Purpose of extension of time clauses | p. 26 |
| 4.4 Time is of the essence | p. 27 |
| 4.5 Time at large | p. 29 |
| 4.6 Project programming | p. 31 |
| 4.7 Critical path and float | p. 32 |
| 4.8 Delay analysis | p. 34 |
| 4.9 The Delay and Disruption Protocol | p. 39 |
| 4.10 Extension of time in period of culpable delay | p. 41 |
| 4.11 Concurrent delays | p. 41 |
| 4.12 Mitigation | p. 46 |
| 4.13 Acceleration | p. 47 |
| 4.14 Records | p. 48 |
| 05 Loss and expense | p. 51 |
| 5.1 Loss and expense | p. 51 |
| 5.2 Delay cost and disruption cost claims | p. 53 |
| 5.3 Common loss and expense heads | p. 53 |
| 06 Case study - an extension of time claim for two office blocks | p. 75 |
| 6.1 Introduction and background | p. 75 |
| 6.2 The contract | p. 76 |
| 6.3 The dispute | p. 77 |
| 6.4 Concurrent delay | p. 89 |
| 6.5 Summary | p. 90 |
| 07 Case study - a loss and expense claim for two office blocks | p. 93 |
| 7.1 Introduction and background | p. 93 |
| 7.2 The contract | p. 93 |
| 7.3 The valuation of preliminaries in the variation account | p. 94 |
| 7.4 Loss and expense and/or damages | p. 96 |
| 7.5 The contractor's prolongation costs | p. 97 |
| 7.6 Sub-contractor's loss and expense | p. 102 |
| 7.7 Head office overheads | p. 105 |
| 7.8 Loss and expense summary | p. 107 |
| 08 Case study - a typical contractor's claim for an extension of time | p. 109 |
| 8.1 Introduction | p. 109 |
| 8.2 Background | p. 109 |
| 8.3 Statement of claim | p. 111 |
| 8.4 Extensions of time already determined | p. 113 |
| 8.5 Time for payment and entitlement to suspend | p. 113 |
| 8.6 Time at large | p. 114 |
| 8.7 Concurrency | p. 115 |
| 8.8 Claim rationale | p. 116 |
| Index | p. 121 |
