Causation and Delay in Construction Disputes

Nicholas J. Carnell

• Publisher: Wiley-Blackwell
• Year: 2008
• Print ISBN: 9781405118163
• eBook ISBN: 9780470759349
• Edition: 2
• Topic: Technology & Engineering
• Subtopic: Civil Engineering
• Index: Technology & Engineering

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.

Table of contents

• Contents
• Preface
• Acknowledgements
• List of Abbreviations
• 1 Time is Money
• 2 Planning the Project
• 3 During the Works
• 4 Completion Dates
• 5 Claim Preparation: Preliminary Considerations
• 6 Legal Considerations
• 7 Analysing the Causes of Delay: Planning and Networks
• 8 Delay Analysis
• 9 The SCL Protocol
• 10 Presentation of the Claim
• 11 Dispute Resolution
• Appendix 1 Sample Preliminary Clauses Dealing with Programmes
• Appendix 2 Draft Notices of Delay
• Notes
• Table of Cases
• Table of Statutes
• Bibliography
• Index