Contracting for Delay and Disruption
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Construction contracts often overrun time and cost budgets resulting in Extension of Time, and Delay and Disruption, claims. The requirements for the management of change and the administration of the progress of the Works are embodied in the standard forms of contract and generally form the factual matrix of contractual claims. Since the 1990s the contractual requirements, (such as Critical Path Method), within the NEC3 and the FIDIC suite of contracts have been developed with the aim of limiting disputes. In parallel with this evolutionary process, in 2002 the Society of Construction Law dev...
Construction contracts often overrun time and cost budgets resulting in Extension of Time, and Delay and Disruption, claims. The requirements for the management of change and the administration of the progress of the Works are embodied in the standard forms of contract and generally form the factual matrix of contractual claims. Since the 1990s the contractual requirements, (such as Critical Path Method), within the NEC3 and the FIDIC suite of contracts have been developed with the aim of limiting disputes. In parallel with this evolutionary process, in 2002 the Society of Construction Law developed its 'Delay and Disruption Protocol'. Irrespective of the contractual development and advances in technology, case law reflects a perpetuation of the inefficiencies inherent in these categories of claims. The question is that, if the parties adhere to the administrative requirements embodied within the NEC3 or FIDIC suite of contracts, does that meet the requirements in LAW for the cost effective resolution of claims? This book is aimed at all Built Environment practitioners as it identifies the impact of the stratified nature of law on the cost effective management of disputes.
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