Delay and disruption

Delay and disruption guidance:

Date [insert date of Agreement] Parties 1 [insert name of Employer] of [insert address] incorporated in England and Wales with company registration number [insert company...

Precedents

1 Acceleration 1.1 If at any time the Employer (acting reasonably) wishes the Contractor to complete the [design and] construction of the Works or any part thereof on or...

Precedents

What is acceleration? Acceleration in construction law is generally understood to mean taking measures to speed up the works in order to complete them earlier than would...

Practice Note

Construction contracts commonly provide that, if a party wishes to bring a claim under the contract, it must follow a prescribed procedure. This often requires the...

Practice Note

The nature of construction projects, the contracts agreed and the law surrounding them, means that claims are commonly made by one or more parties. This Practice Note...

Practice Note

This Practice Note considers the meaning and relevance of concurrent delay on construction projects, contractual terms dealing with concurrent delay and the contractor’s...

Practice Note

Concurrent delay 1 The Contractor shall not be entitled to any adjustment of the [Completion Date] where and to the extent that any delay caused by a [Relevant Event] has...

Precedents

Contractor’s programme 1 Within seven days of the date of this Contract the Contractor shall without charge produce to the Employer a programme for carrying out the Works...

Precedents

Delay analysis is a technical method employed by programming/planning specialists to identify the delay and the cause(s) of that delay to the completion date of the works...

Practice Note

Introduction to delay and disruption A construction contract will, ordinarily, specify the date by which the works are to be completed (the 'completion date'). However,...

Practice Note

This Practice Note examines the circumstances in which a construction contract might entitle a contractor to claim additional time in which to complete the works (known...

Practice Note

This Practice Note examines the position under the 1999 editions of the Red, Yellow and Silver Books, the Gold Book 2008 and the Pink Book 2010. In relation to the 2017...

Practice Note

This Practice Note looks at the Contractor’s obligations in relation to commencement, progress and completion in the 2017 editions of the FIDIC contracts (Red, Yellow and...

Practice Note

Definition—Force Majeure (short form) Force Majeure means an event or sequence of events beyond a party’s reasonable control preventing or delaying it from performing its...

Precedents

Force majeure Force majeure means an act of God including but not limited to fire, flood, earthquake, windstorm or other natural disaster; act of any sovereign including...

Precedents

What is force majeure? Force majeure is used to describe an event that occurs which is beyond the control of the parties, and which prevents them from fulfilling their...

Practice Note

What is a global claim? In simple terms, a global claim is one where a contractor has suffered loss caused by two or more different events which are employer-risk events,...

Practice Note

A global claim (also known as a 'total cost', 'cumulative effect', 'composite' or 'rolled-up' claim) arises when a contractor seeks to claim for loss and expenses arising...

Practice Note

This Practice Note considers the Contractor’s obligations in relation to time under the JCT 2011 and 2016 contracts. It looks at commencement of work, the obligation to...

Practice Note

This Practice Note explains what liquidated and ascertained damages (LADs/LDs) are and their purpose in a building contract. It considers the difference between...

Practice Note

Claims by contractors for loss and expense arising from a disturbance to progress of the works are one of the most debated and contentious areas of construction law,...

Practice Note

It is important for both employers and contractors to know how to deal with loss and expense claims and to be aware of the practical steps to take—this is especially true...

Practice Note

This Practice Note considers compensation events in the NEC3 and NEC4 contracts, the occurrence of which may entitle the Contractor to additional time and/or money. It...

Practice Note

This Practice Note considers the status of the programme in a construction contract, what difference it makes if the programme is a contract document and the approach of...

Practice Note

This Practice Note considers the meaning and nature of the prevention principle and its relevance to delay claims in construction projects. It also considers the...

Practice Note

Claims by contractors for time and/or money are a common feature of construction projects. A claim for time refers to a claim for an extension of time (EoT) in which to...

Practice Note

This Practice Note examines the concept of ‘time at large’ in relation to the completion of works under a construction contract, including what time at large means, how...

Practice Note

What does time of the essence mean? Where time is 'of the essence' it means that the stated time for completion of an obligation in a contract is a condition of the...

Practice Note

Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them. Practical...

Practice Note

This Practice Note considers the requirements for a successful global claim (also known as a 'total cost', 'cumulative effect', 'composite' or 'rolled-up' claim), which...

Practice Note