Delay and Disruption in Construction Contracts
Page 1137
INDEX
INDEX
- Acceleration
- breach of contract
- constructive see Constructive acceleration
- costs
- culpable delay, and
- design programmes
- effect
- entitlement to extension of time, and
- estimates of cost
- failure to accelerate –
- breach of obligation, ,
- causation ,
- compensation
- completion on time , ,
- culpable delay , , , ,
- demurrage claims
- foreseeable delay
- foreseeable losses –
- identification of loss ,
- instructed acceleration
- instructions to recover , , –
- limitation on liability
- liquidated damages , –
- redress ,
- termination of contract –
- instructed –, ,
- lost productivity, and –
- meaning , –
- methods –
- power to instruct –
- schedule of
- standard form provisions –
- Access –
- Act of God ,
- Activity coding
- Activity durations –
- Acts and/or omissions of developer –
- Acts of State
- Acts of third parties –
- Acts or omissions of third parties
- Additional work
- Adjudication –
- Adjudication in United Kingdom –
- Adverse weather
- Alliancing –
- Alternative dispute resolution ,
- Ambiguities –
- American law
- Antiquities –
-
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- A/B estimates approach –
- balance of evidence,
- burden of proof approach
- but-for test,
- case law ,
- causation, –
- City Inn approach –
- common law
- compensation, and –
- delay to completion –
- delta estimates approach ,
- Devlin approach –
- dominant cause approach –
- jury verdict approach ,
- logical processes
- loss and/or expense –
- methods of apportionment of loss or expense –
- modified global claim approach ,
- modified total cost approach –
- nature of
- net effect approach –
- prolongation issues, and , ,
- tortious solution –
- Approval of programmes –
- Approximate bills
- Arbitration –
- Arrow diagram –
- Artificial obstructions
- As-built programme
- As-built schedule
- As-built impacted
- As-planned updated versus as-planned u[dated
- Assessor
- Bar chart –, –
- Baseline programme –
- Best endeavours
- Biddability risk –
- Bill of quantities –
- BIM –
- acronym
- case law ,
- case studies –
- collaboration ,
- communication of information ,
- conventional practice, and –
- Cookham Wood –
- definition ,
- future projects
- investment ,
- key documents
- legal, contractual and insurance issues
- levels of maturity ,
- overcoming barriers
- perceived barriers against adoption
- perceived benefits ,
- retrieval of information ,
- significance –
- standard forms of contract –
- UK and management of information –
- what is arguably not
- Black Monday
- Bricklaying
- Build-only contracts –
-
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- Building control –
- Building Information Modelling (BIM) –
- see also BIM
- Business efficacy
- Calculating durations –
- Calculating time-related compensation
- Cascade diagram ,
- Cash flow monitoring –
- Catastrophes
- Causation –
- acts or omissions of third parties –
- as-planned versus as-built –
- bar charts –
- collapsing technique –
- completion delayed –
- completion likely to be delayed –
- completion likely to be or has been delayed –
- contemporaneous analysis –,
- delay to completion of works –
- delay to progress of works –
- developer’s acts or omissions –
- expenditure of prime cost and provisional sums –
- factual materials available –
- failure to perform –
- inference -14-008, – see also Inference of causation
- instructed changes –
- instructed variations –
- matters to be identified
- occurrences ,
- other occurrence –
- primary –
- proof of –
- proportionality –
- retrospective delay analysis ,
- secondary –
- smoke and mirrors –
- subject-matter of proof –
- suspension of works –
- terms of contract –
- tertiary –
- three-part chain –
- visualisations –
- voluntary or implied variations –
- whatever is fair and reasonable –
- Cause and effect matrix –
- CDBs –
- Change –
- Change control –
- Change management
- Change order procedure –
- CIOB
- CIOB Complex Projects Contract
-
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- see also CPC 2013
- Circumstances beyond control –
- Civil commotion –
- Claim preparation –
- Claims consultants ,
- Classification of change –
- Collapsed as-built
- Commercial risk allocation
- Compensation see Damages
- Compensation conditional upon notice –
- Complex projects
- Complex projects
- Computer generated evidence –
- Computer software ,
- Computerised database ,
- Computerised simulation
- Computers
- Conciliation –
- Concurrency –
- application of theory
- concurrent delays to completion –
- delay to progress, and –
- distinguishing concurrent and pacing delays to progress
- distinguishing concurrent and parallel delays –
- distinguishing concurrent and sequential delays
- distinguishing delay and financial loss –
- distinguishing delay to progress from delay to completion ,
- distinguishing primary, secondary and tertiary causation
- distinguishing timing of primary cases –
- entitlement
- extensions of time, and –
- inconsistency in treatment of issues
- legal concepts of relief and compensation –
- meaning ,
- pacing, and –
- parallel causes of delay to completion –
- parallel delays to progress –
- parties
- prolongation, and – see also Prolongation
- sequential causes of delay to completion –
- sequential delays to progress –
- Consequential changes ,
- Constructing Excellence
- Construction industry
- Construction management contracts –
- Construction records –
- Constructive acceleration –
- Construction risk –
- Constructive change –
- alternative materials
- avoiding disputes
- consequential changes ,
- constructive, meaning
- essence of claim
- estoppel, and
- implied changes, and ,
- quality –
- quality or quantity
-
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- reasonable satisfaction
- treated as variation
- variations in writing
- waiver, and
- when arising
- Constructive notice –
- Consumer Insurance (Disclosure and Representation) Act 2012 ,
- Contemporaneous records
- Contingency
- Contingency planning
- Contra proferentem rule
- Contract administrator
- Contract programme ,
- Cookham Wood
- Cost and time management
- Cost management
- Cost monitoring –
- Costs –
- Count the squares chart monitoring –
- Counterclaim –
- CPC 2013 –
- CPM programming –
- Critical path ,
- Critical Path Method , –
- DABs –
- Damage caused by carrying out works –
- Damages –
- burden of proof
- compensation, entitlement to –
- contractor has actually suffered loss or expense ,
- direct labour costs –
- direct loss or expense , –
- Eichleay formula –
- Emden formula
- exclusion clauses –
- financing costs –
- formula adjustments –
- four-phrase analysis
- goods and materials –
- Hadley v Baxendale, rule in –
- head office costs –
- Hudson formula
- insurances ,
- Lilley Ames Co v United States
- liquidated see Liquidated damages
- loss of future profits –
- loss of productivity –
- loss or expense not recovered elsewhere
- loss or expense remained unabsorbed
- management costs –
- non-productive overtime –
- plant and equipment –
- potential heads of claim –
- preliminaries –
- profit on costs ,
- propositions
- quantifying predictive loss –
- quantum meruit – see also Quantum meruit
- resort to formula approach –
- staff costs –
- temporary works ,
- time-related costs
- unabsorbed overheads –
- work-related costs
- Database records –
- Databases –
- DBs –
- ad hoc –
- advantages
- context –
- costs –
- enforcement of decisions –
-
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- international developments –
- national developments –
- operations –
- refusal prior to arbitration –
- rules –
- standing –
- use of –
- Decennial liability
- Defence, statement of –
- Defined provisional sums ,
- Delay
- adverse effect
- advice as to cause of delay
- analysis, nature of
- apportionment –
- build-only contracts
- catastrophes
- causation
- “causes” of delay
- comparative term, as
- completion
- concurrent
- completion, to –
- distinguishing concurrent and pacing delays to progress
- distinguishing concurrent and parallel delays –
- distinguishing concurrent and sequential delays
- distinguishing delay and financial loss –
- distinguishing delay to progress from delay to completion ,
- parallel causes of delay to completion –
- parallel delays to progress –
- progress, and –
- SCL Protocol
- sequential causes of delay to completion –
- sequential delays to progress –
- culpable delay , , , , ,
- extensions of time
- developer’s time risk event occurring in period of culpable delay to completion date –
- facts of delay –
- forecasting delay -10-013
- foreseeable delay
- managing effects of delay
- meanings ,
- nominated subcontractors and suppliers’ delay ,
- receiving instructions, in –
- retrospective analysis , ,
- standard clauses of delay –
- standard form provisions, meaning of delay
- Design
- Design and build contracts –
- Design risk –
- accelerated design programmes
- approximate bills
- communication between developer and designer
- errors
- fitness for purpose
- freezing design at scheme design stage
- key concepts
- M&E engineering consultants
- needs of client
- post-contract design –
- reappraisal of design
- reasonable skill and care
- relevant factors
- remedial work
- statistics
- Detailed plan
- Developer’s acts or omissions
- Development control
- Development programme –
- Diligently
- Dilution of supervision
-
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- Disclosure –
- Discovery –
- Discrepancies –
- Dispute boards –
- see also DBs
- Dispute resolution –
- Dispute risk –
- Disruption
- Divergences –
- Document management systems
- Documentary evidence –
- DRBs –
- Duress –
- Early completion
- Early warnings –
- Earned value monitoring –
- Economic duress –
- EDI agreement –
- Editing standard forms –
- Egress –
- Eichleay formula –
- Electronic data exchange –
- Electronic documents
- Emden formula
- Equitable adjustment
- Errors
- Errors in contract documents –
- Evidence –
- Excepted risks –
- Exceptionally inclement weather , –
- Exclusion clauses
- Expert determination –
- Expert opinion
- Experts –
- Experts’ documents
- Extended working hours
- Extensions of time –
- bar chart –
- calculating entitlement
- change management, and
- coldly logical approach
- concurrency, and see Concurrency
- conditional upon notice –
- conduct requiring ,
- consequences ,
- constructive change
- contract administrator, role of –
- critical delay to the work
- delay actually occurred –
- delay to progress –
- developer’s time risk event occurring in period of culpable delay to completion date –
-
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- forming opinion –
- holiday period –
- inoperable power –
- likely and actual delay to completion date –
- logical analysis
- measurement of interim extensions of time
- negotiating award –
- no power, where –
- original planned schedule, and
- purpose
- relevant delay
- restricted working calendars
- reviewing award –
- rules of measurement, and
- standard forms –
- time risk event ,
- timing of award –
- Facts of delay –
- Failure to pay –
- Failure to perform
- Familiarisation
- Financial risk –
- Financing costs
- Fire
- Fitness for purpose
- Float
- Flow chart ,
- Force majeure –
- Forecasting delay -10-013
- Forensic
- Forensic programme analysis –
- analytical methods –
- as-built schedule
- as-planned impacted –
- as-planned updated versus as-planned updated –
- as-planned versus as-built –
- collapsed as-built –
- correcting planned programme –
- dynamic methods
- planned programme
- preparing materials –
- static methods
- time impact analysis –
- updating planned programme with progress –
- use of
- watersheds –
- windows –
- Formula adjustments
- Fossils –
- Free float –
- Fraud –
- Gantt chart ,
- Global claim –
- Goods and materials
-
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- Graphs –
- Greenfield sites
- Groundworks
- Guaranteed maximum price –
- Head office costs
- Health and safety
- Hierarchy of documents –
- High-rise building projects
- Histograms –
- Holyrood
- Hong Kong forms
- Hudson formula
- Human rights
- Identifying cost of project controls
- Implied instruction for change
- Implied terms –
- Inclement weather –
- Inconsistencies in contract documents –
- Independent float ,
- Independent information management –
- Inference of causation –
- Inflation
- Ingress –
- In-house departments –
- Injury or damage to property –
- Inspection –
- Instructed variation
- Instructed variations and changes –
- Insurable risk –
- Interfering float ,
- Internet
- Interpretation of contracts
- Itemised bills of quantities
- Investment decision
- Latent conditions
- Learning curve
- Legal risk –
- Line-of-balance chart –
- Liquidated damages –
- Litigation –
- Local authorities
- Logical relationships –
-
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- Loss of future profits
- Loss of morale
- Loss of productivity
- Loss or expense, recovery of –
- CIOB Complex Projects Contract –
- claims procedure –
- compensable events –
- compensable risks ,
- compensation for disruption to progress –
- conditions contrary to public interest
- developer’s cost risk events –
- direct loss and/or expense
- JCT Major Projects Contract –
- priced activity schedule
- standard forms provisions –
- valuation –
- variations
- Lost productivity
- acceleration –
- accounting for effects of separate events –
- adverse weather –
- analysis –
- burden of proof ,
- causation
- conditions causing –
- difficulty of measurement
- dilution of supervision –
- errors –
- expert opinion –
- extended working hours –
- inducing productivity norms versus actual –
- learning curve –
- logistics ,
- loss and expense suffered –
- loss of morale
- matters to be proved
- measured mile –
- omissions –
- partial possession –
- reassignment of manpower –
- records, and –
- recovery –
- ripple –
- resource-based planning –
- site restrictions ,
- staffing –
- trade stacking ,
- variations –
- M & t engineering consultants
- Management contracting
- Management contracting contracts –
- Management costs
- Managing effect of change –
- Mandatory laws in international construction contracts –
- Manifest error
- Master programme –
- Measured mile –
- Mediation –
-
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- Milestone programme –
- Milestones –
- Mismanagement of time
- Misrepresentation –
- Mitigation –
- Modelling
- Monitoring
- Natural justice
- Negative float
- Negligence
- Network diagrams –
- Nominated subcontractors and suppliers –
- Non-productive overtime
- Notice as condition precedent –
- Notices –
- Pacing –
- Partial possession
- Partnering –
- Penalties –, –
- PIX Protocol –
- Planning
- Plant and equipment
- Political risk ,
- Poor project programming
- Poor record keeping
- Postponement ,
- Precedence diagram –
- Preliminaries
- Presentation of programmes –
- compliance with scheduling specifications
- Prevention principle
- Private finance initiative –
- Private international law –
- Private nuisance ,
- Privileged communications
- Probability estimates
- Procurement arrangements –
- Productivity see also Lost productivity
- Profit on costs
- Programme
- activity coding
-
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- contract document, as –
- core principles
- method of compilation
- presentation –
- pricing requirements –
- specifying requirements –
- standard form requirements – see also Standard form requirements for programmes
- subject-matter
- varieties –
- Programme preparation –
- Programme revision –
- Programme updating –
- Programming
- Progress monitoring –
- Progress records –
- Progress reporting –
- Project control –
- Project planning and programming
- Project planning model statements –
- Project procurement –
- Project time manager
- Projects
- Prolongation –
- Proportionality
- PSSC
- Public private partnership –
- Rate of progress
- Reasonable skill and care
- Reassignment of manpower
- Record keeping –
- Record retrieval –
- Records
- Recovery
- effect
- failure –
- lost productivity, and –
- meaning
-
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- standard form provisions –
- Regularly
- Re-measurement
- Re-measurement contracts
- Reporting
- Request for further information –
- Retrospective delay analysis
- Residential occupiers
- Resource-based planning
- Resource monitoring –
- Revision
- RIBA Plan of Work 2013
- Ripple
- Risk –
- acts of prevention
- advice on
- allocation –, –
- bespoke form, and
- biddability see Biddability risk
- buildablity see Buildability risk
- categorisation
- commercial negotiation
- complex projects
- computerised simulation –
- conflicting interests of parties
- construction see Construction risk
- design see Design risk
- design and build contracts ,
- dispute see Dispute risk
- distribution
- financial see Financial risk
- fitness for purpose, and ,
- high-rise building projects
- identifying
- ill-considered transference
- influence of variables ,
- insurable –
- JCT forms ,
- judicial interpretations of common law and statute
- legal see Legal risk
- management ,
- management contracting
- managing risk of change
- obligations of professional and tradesman
- political see Political risk
- probability estimates ,
- project planning and programming –
- reasonable skill and care
- registers
- re-measurement contracts
- responsibilities of parties
- sources ,
- standard form provisions –
- statistics –
- theories of apportionment
- Risk allocation
- Schedule
- Schedule logic
- Scheduling
- see also “Critical path method”
- approval and presentation
- activity-based CPM schedule ,
- complex projects
- computer programmes
- contract requirements
- contract specification ,
- CPM-based algorithms
- electronic information
- engineering contracts
- generally,
- line of balance charts
- management information
- methods,
- milestone charts –
- network diagrams, ,
- network planning techniques
- precedence diagrams
- resource loading
- software
- specifications
- standard form contracts
- time change diagrams ,
-
Page 1150
- delay analysis
- development process
- excusable delay
- late
- planning
- programming
- progress monitoring ,
- reporting
- updating
-
SCL Protocol , , –
- calculating entitlement to extension of time
- complex scheduling and record-keeping equipment
- concurrent causes of delay
- contemporaneous project control
- critical path network
- float
- identification of activities
- information
- managing effects of delay
- measurement of interim extensions of time
- nature of
- objection to electronic access to schedule
- public health guide, as
- record-keeping ,
- retrospective analysis
- schedule and records
- update of contractor’s schedule –
- Scott schedules –
- Second notice –
- Sectional completion –
- Sequencing problems
- Service of notice –
- Settlement –
- Simple projects
- Site restrictions
- Smoke and mirrors –
- Soft-spots
- Special circumstances
- Specified perils ,
- Staff costs
- Staffing
- Standard clauses of delay –
- Standard form provisions
- Standard form provisions for time and cost –
- Standard form requirements for programmes –
- Standard forms
- Statements of case –
- Statement of claim –, –
- Statutory compensation schemes ,
- Statutory duties –
- Statutory undertaker
- Strategic plan
- Strikes –40253
-
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- Subcontractors
- Subcontractor’s programmes –
- Suspension of works
- Target costs –
- Target CPM programme monitoring –
- Target programme –
- Temporary works
- Tender programme –, –
- Terminology –
- Terms of contract
- Terrorism ,
- The contractor
- The developer
- The works
- Time and cost
- Time at large –
- Time-bar clauses
- Time chainage diagram ,
- Time contingencies –
- Time impact analysis –
- Time management
- Tort –
- Total float –
- Total loss claim –
- Total time claim –
- Trade stacking
- Trade usage
- Unabsorbed overheads
- Undefined provisional sums
- Unforeseeable physical conditions –
- Unjust enrichment
- Updating
- US government procurement contracts
- Utilities
- Value engineering –
- Variation –
- see also Change
- ambiguities –
- definition –, , , , , ,
- discrepancies –
- divergences –
- drawings
- extra work ,
- instruction, definition
- legitimate power to instruct
- lost productivity, and –
- necessary work ,
- omissions –
- post-contract design
- price
-
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- standard form provisions –
- VATFP ,
- Visual aids –
- activity lists
- assessment tables
- bar charts –
- cascade diagrams
- computer printouts
- computer-generated visualisations
- descriptive visualisations , ,
- electronic spreadsheets,
- evidential visualisations ,
- graphs –
- histograms
- illustrative visualisations , ,
- introductory visualisations , ,
- probative value
- progress reports –
- Visualisations
- Voluntary change