Download ePub Download Fb2 More.. Delay and disruption, however, are the two factors that seem to occur in the construction industry more often than. Delay and disruption in the course of construction impacts upon building projects of any scale Delay and disruption in the course of construction impacts upon building projects of any scale. Delay and disruption in the course of construction impacts upon building projects of any scale.
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Delay and Disruption in Construction Contracts 5th Edition Delay and Disruption in Construction Contracts 5th edition, Andrew Burr Didcot: Routledge, , pp, hardback, ISBN: The Delay in Disruption in Construction Contracts series was first published in and since then, Keith Pickavance, a name closely associated with all things delay in the construction world, has guided the publication through another four editions.
In the process, the publication has earned its reputation as the most comprehensive English work dedicated to delay, disruption and related issues and remains for many the leader in its field. Many English decisions on delay will be followed elsewhere in the common law world, leading this established title to have more than mere local relevance.
For those unfamiliar with the contents of the book and indeed the subject of delay and disruption in construction and related issues, it is worthwhile to summarise the structure of the book.
The first four chapters offer an introduction to the subject and the parties involved in the construction process, the risks inherent in construction, how projects are procured and how standard forms of contract deal with time and costs. The authors tease out with impressive clarity a number of important distinctions on the characteristics of some standard forms of contract and the application of such by reference to the decisions of the courts and in particular the City Inn v Shepherd Construction case1.
The sections dealing with recovery of loss and expense under numerous standard forms of contract provide essential reading on a subject that is often misinterpreted in the industry. Chapters 5 and 6 introduce the reader to contractual notices, early warnings and conditions precedent, the subject of extensions of time and the concept of time at large.
The impressive range of standard forms of contract considered in these chapters provides a useful point of reference for professionals administrating such contracts in the working environment. Chapters 7—10 deal with the mechanics of the Planning and Programming of construction projects including the presentation and approval of programmes, revising, updating, monitoring, and reporting of programmes, and project control.
On the last topic, detailed consideration is given to a number of standard forms including the Irish government standard forms. Chapters 11—13 deal with a number of day-to-day issues faced by construction professionals: mitigation, recovery and acceleration, variation and change, and construction records.
These topics are timeless and universal for all involved in the construction process in both delivery of projects and the resolution of disputes. The writing is clear and concise whilst each topic has numerous case law references cited, which greatly reinforces the readers understanding of the topic.
This is accompanied with a balanced review of the benefits and difficulties of BIM, the incorporation of BIM into standard forms and the likely effect of BIM on claims and disputes. In due course as the industry adopts the technology of BIM, it will prove to be an interesting exercise to look back at the 5th edition and see what the future delivered.
Chapter 14 draws the reader into the world of cause and effect. This world is often not fully appreciated as being critical to the understanding of delay, disruption, loss and expense, and damages. This chapter offers the reader a comprehensive introduction to the topic and is essential reading. There is some very appropriate material in this chapter for anybody contemplating putting together a disruption claim or improving their skills in this area.
Chapter 18 deals with one of the most contentious and vexed areas of construction law, that of concurrency. Each topic is addressed in a manner which leaves the reader confident in their understanding and the relevance of the issue and how it might be applied in practice. It does, however, fail to provide a definition or accepted meaning of prolongation which unfortunately is not uncommon in numerous construction law texts and would be of considerable benefit to this publication.
Chapter 20 provides significant commentary on the dominant cause theory, complete with full consideration of the City Inn case and the contrasting approaches taken by the English and Scottish courts in dealing with apportionment. Chapters 21 and 22 on damages, settlements and dispute resolution provide the grounds for, and a checklist of, heads of claim based on the recovery of damages, complete with a section on the use of formulae in calculating overhead recovery.
The latter chapter serves as an introduction to the host of disciplines and options in the dispute resolution sphere.
Chapters 23—25 are new and very welcome additions to the 5th Edition. A whole chapter on adjudication in the UK skilfully explains the main characteristics of the process and will be of particular interest to Irish readers since the dawn of Statutory Adjudication in this jurisdiction.
Chapter 24, Dispute Boards and Chapter 26, Mandatory Laws in International Contracts, will appeal to those who operate in a more international sphere. The sections relating to developments in the use of dispute boards and how mandatory law operates irrespective of the construction contract or common construction law principles are worthy of merit. A suite of new appendices are also added to this edition, including a Retrospective Analysis of the SCL Delay and Disruption Protocol by Julian Bailey and Selecting the appropriate delay analysis methodology: A decision- making model for facilitating the process by Nuhu Braimah.
Whilst the former will be soon redundant when the new SCL protocol is published, the latter offers a tool for assisting analysts in justifying their choice of delay analysis model. This will, however, be rectified by a supplement to the 5th edition. One of the finer attributes of the series is the use of case law and the skilful incorporation of decisions into sections dealing with the myriad of topics that occur in the construction law world.
This edition adds over new authorities. The 5th edition has incorporated many of the important cases since the 4th edition including Walter Lilly and Co. Ltd v McKay3 and Ramsey J. Ltd4 of is not included. It offers much food for thought in how the English courts deal with implied terms requiring a party to proceed regularly and diligently.
It would seem that the future of Delay and Disruption in Construction Contracts is in safe hands. The book remains the standard point of reference for construction professionals and legal practitioners when any of the issues which it deals with arise. John is currently providing cost and commercial management services, expert witness services and dispute resolution services to a number of clients across a broad range of sectors specifically construction, civil engineering and gas pipelines.
He has also prepared independent reports for valuation of variations accounts, claims for loss and expense, supporting narrative to extension of time applications, assessment of submitted final account claims and commercial strategies for negotiation and settlement of interim and final accounts.
John has been appointed as Quantity Surveying expert in a matter before the Court of Session in Scotland arising from alleged negligence of a Project Monitoring Surveyor appointed by a Bank to provide due diligence services for the conversion of a hotel into residential units in Aberdeen, Scotland.
He has been appointed as Quantum Expert in respect of a matter before the High Court in Ireland concerning claims arising from a civil engineering main contract including assessment of variations, extension of time, prolongation, loss and expense and associated costs.
John has been appointed as Quantum Expert in respect of a number of matters under statutory Adjudication in the UK. Whilst we take every care to ensure the accuracy of this information at the time of publication, the content is not intended to deal with all aspects of the subject referred to, should not be relied upon and does not constitute advice of any kind.
Delay and Disruption in Construction Contracts 5th Edition