Causation and Delay in Construction Disputes

ISBN-13: 9781405118163 / Angielski / Twarda / 2005 / 320 str.

Nicholas J. Carnell

Opis

Construction claims frequently involve a dispute about delay. Whether or not the contractor or client has a claim which can be proved successfully depends on establishing causation and understanding legal rights and obligations. This book shows how to identify and avoid problems during the project, and analyses claims for delay.

The new edition takes account of case law since 1999 and has new sections on adjudication, risk allocation and the Delay and Disruption Protocol.

Recenzje

There is a real need for a book that bridges the gap between technical construction knowledge and the law relating to construction and this is it. Paul Jensen, Arbitration

This book is splendid stuff go and buy Carnell s book. Tony Bingham, Building

The author makes effective use of his excellent knowledge and experience in the field [and] provides a very clear insight into the practical requirements of delay claims. Civil Engineering Surveyor

′A useful addition to the corporate library′ – Building Engineer

′the author summarises delay analysis techniques in sufficient detail as to be comprehensible but also useful, without losing sight of the case law background which affects this crucial area of practice.′ Construction Law, October 2005

Spis treści

Preface; Acknowledgements; List of Abbreviations; Time is money; Planning the project; During the works; Completion dates; Claim preparations preliminary considerations; Legal considerations; Analysing the causes of delay; Presentation; Proceedings arbitration, litigation and alternative dispute resolution; Appendices; Notes; Table of Cases; Table of Statutes; Bibliography; Index.

O autorze

Nick Carnell LLB, FCIArb is a partner in the construction group of the leading law firm, Kennedys. He has over 15 years experience of acting in construction disputes for a wide variety of clients including developers, contractors, subcontractors and members of the design team, and during this time he has developed an interest in matters which cause delay to construction projects and the proof of delay claims. In recent years, he has acted particularly in a number of complex disputes relating to the design and installation of communication systems in major infrastructure projects.

Blurb

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.