This practical, user-friendly guide for construction professionals and lawyers deals with extensions of time, and includes examples for detailed submissions, helpful charts, graphics and electronic templates.
Contracts can be your first line of defense against delays. But they have to be drafted very carefully. Construction Delay Claims gives you an in-depth analysis of all the pertinent clauses and details what they can and can’t do to minimize delays and avoid litigation. Construction Delay Claims, Third Edition, by Barry B. Bramble and Michael T. Callahan is written for everyone involved with delay and impact construction claims—the most common form of disputes in the construction industry. You’ll find that this resource presents the most thorough, detailed review of delay claims liability available, including a complete description of the entire process for filing and pursuing claims along with more than 1,950 cases and analyses. Construction Delay Claims gives you the information you need to determine your best course of action. The book presents detailed knowledge drawn from the authors’ thirty-five years of experience in the industry. You’ll learn how to anticipate delays and mitigate damages through the use of advanced planning and immediate responses by the parties involved. You’ll also receive helpful instructions about the best use of construction schedules to avert delays, or to prove their impact if they do occur. Construction Delay Claims keeps you completely up-to-date with the changes in the construction industry, And The construction litigation process. Coverage includes: Effective ways to challenge a claimant’s use of the Total Cost Method of Calculation The effectiveness of “no damages for delay” clauses The use of ADR methods to resolve delay claims The meaning and implication of concurrent delays Cumulative impact effect of multiple change orders The impact and probability of delays in design-build, construction management, and multiple prime contracting Latest research into the effect and measurement of lost productivity The most recent assessments of how states are applying the Eichleay formula
Years of extensive research culminated in this easy to read reference guide for the analysis and formulation of delay claims. Complex delay analysis concepts are made accessible with easy to understand diagrams and descriptions. The Second Edition of this popular book includes a new section on claims as a result of pandemics. The book shares information in a user-friendly manner on: Delays - terms, definitions, and conceptsCommon Causes of delay - Delay Analysis - terms, definitions, and concepts- Common Delay Analysis Methods simplified- Cause & Effect, Concurrency, and Float Ownership- Delays caused by Pandemics - Risk Allocation - How construction contracts deal with pandemics - Pandemics as Excusable delays - Pandemics as Force Majeure - Claim Analysis - Pandemics and popular form contracts- Step-by-step Delay Analysis for complex claims- Claim Formulation in 6 easy steps- Construction Form Contacts - Claim Analysis The book is written in such a way that it can be utilized for an in-depth study into delays or as a roadmap to analyze or formulate delay claims.
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)
It is an internationallyapplicable, practical resource that guides professionals through every type and aspect of delay and disruption claims. Drawing on their experience, the authors outline a practical approach to the presentation of delay and disruption claims in construction within a legal, contractual and technical framework. Detailed case studies are used to describe the different problems that can be encountered and explain the more dynamic approach to the settlement of claims, often taken in the international market, to help reduce the time and cost of legal proceedings.
Building contract claims for more time on projects represent one of the largest sources of dispute within the industry. However, identifying the causes of delays, and the effects they have on the project, is often difficult and the burden on the party seeking to prove delay is a heavy one. This book provides the construction professional with an analysis of how construction projects become delayed, the practical measures which can be taken to avoid such delays, and how the parties can protect their positions in the face of delays. It goes on to look at the requirements for producing a successful claim. It provides a straightforward guide to the legal issues, and also considers how the effects of delays can most practically be addressed. The Second Edition takes account of new case law since 1999, and has new sections on adjudication, risk allocations and the Society of Construction Law Delay Protocol. Very well received when it was first published, the book is aimed particularly at contractors, project managers and senior surveyors, but will also be of interest to construction lawyers.
Provides tools and techniques required to research and prepare a contractual construction claim This book guides readers through the techniques and approach for properly preparing a construction contract claim and seeing it through. It teaches them how to gather all the facts in order to present arguments concisely, clearly, and forcefully. It focuses on the practical issues of how to research and present a contract claim—whether it be for additional time, prolongation costs, disruption, or revised rates and prices for work due to some changed circumstance affecting construction. Aimed at those who need to prepare a claim, but just as helpful to those defending one, Preparing Construction Claims offers chapter coverage on everything about planning and programming—the methods for assessing them, as well as regular and computerized techniques. The book covers time chainage/line of balance; bar charts, common sense evaluation techniques; and relevant clauses that all contracts contain. Readers will learn about standard forms and common deviations and modifications made by employers. They’ll also be taught how to establish the entitlement to make a claim from the contract and then shown what to do next. In addition, the book teaches them what to do when their records are insufficient; how to resolve a dispute; and much more. A clear and comprehensive, step-by-step guidebook for researching and preparing contractual construction claims Includes worked examples of certain types of claims to help readers comprehend the process Beneficial to both sides of a claim—teaching each how they should approach one Preparing Construction Claims is an essential “how to” manual for contractors, subcontractors, and consultants worldwide dealing with all manner of construction disputes and claims preparation.
Contracts can be your first line of defense against delays. But they have tobe drafted very carefully. Construction Delay Claims gives youan in-depth analysis of all the pertinent clauses and details what they canand can't do to minimize delays and avoid litigation.Construction Delay Claims, Fourth Edition, by Barry B. Brambleand Michael T. Callahan is written for everyone involved with delay and impactconstruction claims--the most common form of disputes in the constructionindustry. You'll find that this resource presents the most thorough, detailedreview of delay claims liability available, including a complete descriptionof the entire process for filing and pursuing claims along with more than1,950 cases and analyses.Construction Delay Claims gives you the information you need todetermine your best course of action. The book presents detailed knowledgedrawn from the authors' thirty-five years of experience in the industry.You'll learn how to anticipate delays and mitigate damages through the use ofadvanced planning and immediate responses by the parties involved. You'll alsoreceive helpful instructions about the best use of construction schedules toavert delays, or to prove their impact if they do occur.Construction Delay Claims keeps you completely up-to-date withthe changes in the construction industry, and the construction litigationprocess. Coverage includes:Effective ways to challenge a claimant's use of the Total Cost Method ofCalculationThe effectiveness of "no damages for delay" clausesThe use of ADR methods to resolve delay claimsThe meaning and implication of concurrent delaysCumulative impact effect of multiple change ordersThe impact and probability of delays in design-build, construction management,and multiple prime contractingLatest research into the effect and measurement of lost productivityThe most recent assessments of how states are applying the Eichleayformula
Standard ANSI/ASCE/CI 67-17 presents 35 guiding principles that can be used on construction projects to assess responsibility for delays and to calculate associated damages.
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.