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

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 legislations Claims (pages 95–116):
Chapter five Direct Loss and/or cost (pages 117–122):
Chapter 6 issues of precept (pages 123–139):
Chapter 7 strength Heads of declare (pages 140–181):
Chapter eight Causation (pages 182–191):
Chapter nine international Claims (pages 192–200):
Chapter 10 training and Substantiation of Claims (pages 201–215):
Chapter eleven Extension of Time less than JCT usual shape Contracts (pages 217–267):
Chapter 12 Liquidated Damages less than JCT normal shape Contracts (pages 268–277):
Chapter thirteen Loss and/or fee lower than JCT ordinary shape Contracts (pages 278–318):
Chapter 14 adaptations (pages 319–366):
Chapter 15 Claims less than the final stipulations of presidency Contracts for construction and Civil Engineering Works (GC/Works/1(1998)) (pages 367–384):
Chapter sixteen Claims less than the ACA kind of development contract (ACA three) (pages 385–406):
Chapter 17 Claims less than the ACA ordinary kind of agreement for venture Partnering (PPC2000) (pages 407–417):
Chapter 18 Claims lower 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

If two causes of delay affect one activity during the same period, one being a relevant event and one being the contractor’s own delay, the architect will be obliged to form a judgment about the actual cause of the delay before inputting it into the programme. 6 A practical approach Examining the situations set out at the beginning of this section: (1) The delay is clearly caused by the architect’s instruction which makes it impossible for the contractor to work for the ‘several days’ it will take to receive the new roof covering.

Even where a building contract contains terms providing for extension of the contract period, time may yet become at large either because the terms do not properly provide for the delaying event or, because the architect has not correctly operated the terms. The latter is sadly all too common. 3 Common reasons for time becoming at large The JCT series of contracts (other than MW and MWD) favour a list of events giving grounds for extension of time. Because the architect’s power to give an extension of time is circumscribed by the listed events, there is a danger that the employer may delay the Works in a way which does not fall under one of the events.

It is generally recognised that there are times when there are delays which may be the result of different causes, but that sometimes the causes will run at the same time or overlap. This makes it difficult to decide how to treat the delay, particularly if the causes originate from different parties or the delays are of different kinds. For example, under the Standard Forms of Contract, some causes of delay may give rise to an extension of the contract period, some causes may give rise to extension and possibly also loss and expense, while other causes may not entitle the contractor to any extension or loss and expense whatsoever.

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