|
|
| Causation and Delay in Construction Disputes |
|
|
| Construction claims frequently involve a dispute about delay. Whether or not the contractor or client has a claim which can be proved successful depends on establishing causation and understanding legal rights and obligations. This book shows how to identify and avoid problems during the project, and analyses claims for delay. |
| | Review of this title : | Dealing with delay in construction projects is no easy task, given the complex nature of construction. It is no surprise then, that delay in construction projects is a frequent cause of disputes. Nicholas Carnell's book seeks to provide an introduction to the subject and to provide a reference guide for construction professionals. The book is not intended for lawyers, so does not provide a detailed account of the case law. However, it does deal with important practical issues which should be considered on all construction projects in order to avoid delay before considering the techniques which are available to assist in analysing delay.
The book is split into ten chapters, and includes two useful appendices. The first appendix sets out sample preliminary clauses requiring the contractor to provide certain programme information. The second sets out draft notices of delay.
In the opening chapters Carnell emphasises the need to adequately programme the project, and emphasises the importance of obtaining a programme proposed by the contractor as it is of course the contractor who is charged with the responsibility of completing the project by the completion date. He points out that this aspect is frequently overlooked and urges the successful client's adviser to request a detailed programme from the contractor which clearly sets out the critical path. All too often works are commenced on site without the production of a detailed programme. However, lack of programming at the start of a project will only lead to delay and disputes at the end of the project. It is easy to dismiss the requirements for a contractor's programme or labour and plant histograms as unnecessary. As Carnell points out, such a complaint clearly demonstrates that the contractor is not going to devote adequate resources to planning the project. In the absence of a detailed programme how is the contractor to deliver the works for a specific price and on time? On the other hand, a contractor can use a carefully constituted (but not necessarily realistic) programme to support claims for extensions of time.
The initial chapters reinforce the importance of planning the project, allocating risk and establishing site organisation and reporting systems. The central question is simply put: how does the contractor get the project from inception to completion within budget? No two projects are identical and so the planners talent lies in spotting those peculiarities which impact upon the programme for the particular project in question.
The final chapters of the book deal with the most practical aspects of delay, namely project networks, critical paths and analysing the causes of delay. Delay analysis is the area of greatest misunderstanding in the industry. A variety of techniques exist with such descriptions as "impact as planned technique" and "collapsed as built technique". Carnell sets out the basics of these techniques, but points out that they are merely techniques and no substitute for the factual statement of what actually happened on site. Finally, under the heading of "Delay Analysis", the much debated issue of "who owns the float" is set out.
Practical guidance is offered on the presentation of the claims, before finally considering dispute resolution. The impact of adjudication on delay claims is presented, along with a brief discussion on partnering and mediation.
This book clearly provides practical insight into the complex area of causation and delay in construction disputes. The book is short, to the point, well planned and uses a series of simple diagrams to illustrate the key points. The sample preliminary clauses set out in Appendix 1 are also particularly useful and emphasise the practical approach adopted by Carnell.
| | Reviewed By : Nicholas Gould BSc(Hons) LLM FRI |
|
 |
| Below is a selection of our bestselling similar items |
|
 |
 |
|
|
| Your basket is currently empty |
|
 |
| Enter your email address to join
our mailing list |
|
 |
|
|
|
|
|
 |
|
 |
|
|
|
|
|
|
|
 |
 |
|
|
