Download Building Contract Claims, Fifth Edition by David Chappell(auth.) PDF

By David Chappell(auth.)

Content material:
Chapter 1 advent (pages 1–19):
Chapter 2 Time (pages 20–56):
Chapter three Liquidated Damages (pages 57–94):
Chapter four foundation for universal legislation Claims (pages 95–116):
Chapter five Direct Loss and/or fee (pages 117–122):
Chapter 6 issues of precept (pages 123–139):
Chapter 7 power Heads of declare (pages 140–181):
Chapter eight Causation (pages 182–191):
Chapter nine worldwide Claims (pages 192–200):
Chapter 10 training and Substantiation of Claims (pages 201–215):
Chapter eleven Extension of Time below JCT average shape Contracts (pages 217–267):
Chapter 12 Liquidated Damages lower than JCT commonplace shape Contracts (pages 268–277):
Chapter thirteen Loss and/or price lower than JCT normal shape Contracts (pages 278–318):
Chapter 14 adaptations (pages 319–366):
Chapter 15 Claims below the final stipulations of presidency Contracts for construction and Civil Engineering Works (GC/Works/1(1998)) (pages 367–384):
Chapter sixteen Claims below the ACA kind of construction contract (ACA three) (pages 385–406):
Chapter 17 Claims lower than the ACA usual kind of agreement for venture Partnering (PPC2000) (pages 407–417):
Chapter 18 Claims less than NEC three Engineering and building agreement (NEC three) (pages 418–445):
Chapter 19 Sub?Contract Claims (pages 446–471):

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Extra resources for Building Contract Claims, Fifth Edition

Sample text

However, when the information is provided, the machinery remains inoperative for a further day and, during that day, it and not the late information affects the completion date. The total delay is four days of which the appropriate extension of time is three days. 1 (d). In this instance, the machinery breaks down and causes a delay to the completion date lasting three days. On the second day, the architect’s information should arrive, but it is delayed for three days. During the first two of those days, the late information has no effect on the completion date, but when the machinery is repaired, the remaining day of delay is caused by the architect’s late information.

62 38 Time This does not seem to point to any kind of system for assessing the delay and apportioning it. It may perhaps be doubted whether apportionment is a useful or even a valid tool in the architect’s kit. 5 Kinds of concurrency When faced with a problem of concurrent delays, it is always worthwhile pausing and asking whether the delays really are concurrent. Most delays are in fact consecutive. True concurrency is rare. Usually it can be seen that one delay occurs after the other. Therefore, before the question of concurrency arises at all, it must be established that there are two competing causes of delay operating at the same time and affecting the critical path or paths of the project.

60 This seems to come nearest to the solution, but none of the cases provides a universal solution. 57 (1999) 70 Con LR 32 at 37 per Dyson J. See Motherwell Bridge Construction Ltd v Micafil Vakuumtechnik and Another (2002) 81 Con LR 44. 59 Steria Ltd v Sigma Wireless Communications Ltd (2007) 118 Con LR 177 at 216 per Judge Davies. 7) (2001) 76 Con LR 148 at 173 per Judge Seymour. 61 The court continued: ‘Where there is true concurrency between a relevant event and a contractor default, in the sense that both existed simultaneously, regardless of which started first, it may be appropriate to apportion responsibility for the delay between the two causes; obviously, however, the basis for such apportionment must be fair and reasonable.

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