Liquidated Damages And Extensions Of Time In Construction Contracts

"Commercial pressures in recent years have placed new emphasis on the provisions for liquidated damages and extensions of time to be found in all standard forms of construction contracts." "Times for completion have shortened, levels of liquidated damages have risen, and the once familiar practice of employers waiving their right to deduct liquidated damages has disappeared." "A surge of cases in the courts reflects the increase in disputes on liquidated damages and extensions of time, and the legal rulings which have emerged show the need for all those involved in the financial management or contract administration of construction projects to be fully informed on the subject." "This book covers in detail the legal principles on liquidated damages and extensions of time and the effects and implications of recent judgments, and examines in depth the relevant clauses of the current standard forms of building and civil engineering contracts." "Particular attention is given to the pitfalls to be avoided in setting levels of liquidated damages, to the procedures which must be followed by architects, engineers and contract supervisors in granting extensions of time, and to clarifying the many misunderstandings on time and damages which abound in the construction industry."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

Liquidated damages and extensions of time are complex subjects, frequently forming the basis of contract claims made under the standard building and civil engineering contracts. Previous editions of Liquidated Damages and Extensions of Time are highly regarded as a guide for both construction industry professionals and lawyers to this complex area. The law on time and damages continues to develop with an increasing flow of judgments from the courts. Alongside this, the standard forms of contract have also developed over time to reflect prevailing approaches to contractual relationships. Against this background a third edition will be welcomed by construction professionals and lawyers alike. Retaining the overall approach of the previous editions, the author clarifies, in a highly readable but legally rigorous way, the many misunderstandings on time and damages which abound in the construction industry. The third edition takes account of a large volume of new case law since the previous edition was published over ten years ago, includes a new chapter on delay analysis and features significantly expanded chapters on penalty clauses, the effects of conditions precedent and time-bars, and the complexities of causation.

Liquidated damages and extensions of time are complex subjects,frequently forming the basis of contract claims made under thestandard building and civil engineering contracts. Previouseditions of Liquidated Damages and Extensions of Time are highlyregarded as a guide for both construction industry professionalsand lawyers to this complex area. The law on time and damages continues to develop with an increasingflow of judgments from the courts. Alongside this, the standardforms of contract have also developed over time to reflectprevailing approaches to contractual relationships. Against thisbackground a third edition will be welcomed by constructionprofessionals and lawyers alike. Retaining the overall approach ofthe previous editions, the author clarifies, in a highly readablebut legally rigorous way, the many misunderstandings on time anddamages which abound in the construction industry. The thirdedition takes account of a large volume of new case law since theprevious edition was published over ten years ago, includes a newchapter on delay analysis and features significantly expandedchapters on penalty clauses, the effects of conditions precedentand time-bars, and the complexities of causation.

This is a straight forward jargon-free practical guide about all aspects of extensions of time for all construction industry professionals. An extension of time is an issue which most architects and other construction professionals face sooner or later in their career. It is a complex area where the professional administering the contract must act in accordance with the contract conditions andfailure to do so will potentially land the professional and/or his client in court. Throughout the guide the information is presented in a way that is immediately accessible, useful and related to the latest JCT Contracts. Tables, graphs and a glossary are used to help the reader navigate through chapters on liquidated damages, terms under standard contracts, notification of delay, supply of information, assessment, concurrent delays and ethical issues. The authors have clarified potentially complex issues with short, relevant examples drawn from case law and have defined difficult concepts in easy-reference text boxes. This Good Practice Guide is a friendly reference tool for all architects or other professionals charged with assessing extensions of time.

Part of the Construction Companion series, Extensions of Time is a jargon-free, straightforward, practical handbook about all aspects of extensions of time, and aimed at construction industry professionals. Tables, graphs and a glossary help the reader to navigate through chapters on liquidated damages, grounds for extensions of time under standard contracts, notification of delay, supply of information, assessment, concurrent delays, ethical issues and the use of computers. The Construction Companion series examines specific processes in the construction of buildings.

Is there a difference between inspecting and supervizing? What does ‘time-barred’ mean? Is the contractor entitled to take possession of a section of the work even though it is the contractor's fault that possession is not practicable? Construction law can be a minefield. Professionals need answers which are pithy and straightforward, as well as legally rigorous. The two hundred questions in the book are real questions, picked from the thousands of telephone enquiries David Chappell has received as a Specialist Adviser to the Royal Institute of British Architects. The material is considerably updated from the first edition – weeded, extended and almost doubled in coverage. The questions range in content from extensions of time, liquidated damages and loss and/or expense to issues of warranties, bonds, novation, practical completion, defects, valuation, certificates and payment, architects’ instructions, adjudication and fees. Brief footnotes and a table of cases are included for those who wish to investigate further. This will be an invaluable reference for architects, project managers, contractors, QSs, employers and others involved in construction.

Many building projects are the subject of claims – the assertion of a right, usually by the contractor, to an extension of the contract period or an additional payment under the terms of the building contract. Many of these claims are unsound or ill-founded, often because the basic principles are misunderstood. This highly regarded book examines the legal basis of claims for extensions of time and additional payment, and what can and cannot be claimed under the main forms of contract. It includes chapters dealing with direct loss and expense, liquidated damages, extension of time, concurrency problems, acceleration, time at large, common law and contractual claims, global claims, and heads of claim and their substantiation. With the publication of the fifth edition, Building Contract Claims has been thoroughly revised to ensure it is fully up to date with the latest contracts, court judgments and building practice. Changes include: Coverage of over 60 additional relevant court cases Coverage of the 2005 JCT contracts suite Coverage of changes to the NEC contract Coverage of additional contracts such as Constructing Excellence; Measured Term Contract and the ACA PPC2000 contract together with the 2005 relevant JCT sub-contracts Important changes to liquidated damages and to extensions of time, and the giving of notices Appendix 1 has been substantially revised Like its predecessors, the fifth edition of Building Contract Claims will be essential reading for architects, contract administrators, project managers and quantity surveyors, as well as contractors, contracts consultants and construction lawyers.

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)