Many building projects are the subject of claims - the assertion of a right, usually by the contractor, to an extension of the contract period or an additional payment under the terms of the building contract. Many of these claims are unsound or ill-founded, often because the basic principles are misunderstood.This highly regarded book examines the legal basis of claims for extensions of time and additional payment, and what can and cannot be claimed under the main forms of contract. It includes chapters dealing with direct loss and expense, liquidated damages, extension of time, concurrency problems, acceleration, time at large, common law and contractual claims, global claims, and heads of claim and their substantiation. With the publication of the fifth edition, Building Contract Claims has been thoroughly revised to ensure it is fully up to date with the latest contracts, court judgments and building practice. Changesinclude:Coverage of over 60 additional relevant court casesCoverage of the 2005 JCT contracts suiteCoverage of changes to the NEC contractCoverage of additional contracts such as Constructing Excellence; Measured Term Contract and the ACA PPC2000 contract together with the 2005 relevant JCT sub-contractsImportant changes to liquidated damages and to extensions of time, and the giving ofnoticesAppendix 1 has been substantially revisedLike its predecessors, the fifth edition of Building Contract Claims will be essential reading for architects, contract administrators, project managers and quantity surveyors, as well as contractors, contracts consultants and construction lawyers. INDICE: Preface viiAcknowledgements xContract abbreviations xiPART I 11 Introduction 31.1 Structure of the book 31.2 Types of claims 31.3 The basis of claims 81.4 Architect's and contract administrator's powers and liability to contractor 111.5 Quantity surveyor’s powers 162 Time 202.1 Time of the essence 202.2 Time at large 222.3 Extension of time clauses in contracts 262.4 Concurrency 322.5 Acceleration 402.6 Sectional completion 472.7 The SCL extension of time Protocol 513 Liquidated damages 573.1 The meaning and purpose of liquidated damages 573.2 Liquidated damages or penalty 583.3 Liquidated damages as limitation of liability 653.4 Sums greater than a genuine pre-estimate 663.5 Liquidated damages as an exhaustive remedy 673.6 Injunction 723.7 Liquidated damages in relation to loss 743.8 Where there is no breach of contract 753.9 Calculation of liquidated damages 773.10 Where there is partial possession 783.11 Maximum recovery if sum is a penalty 803.12 Maximum recovery if liquidated damages do not apply 823.13 Defences to liquidated damages in building contracts 843.14 Bonus clauses 934 Basis for common law claims 954.1 General 954.2 Implied terms 974.3 Variation of contract 1034.4 Omission of work to give it to others1044.5 Extra work 1074.6 Possession of site 1094.7 Site conditions 1135 Direct loss and/or expense 1175.1 Defi nition 1175.2 Direct v indirect 1185.3 Exclusion of consequential loss 1206 Points of principle 1236.1 Measure of damages 1236.2 Burden of proof 1246.3 Res ipsa loquitur 1256.4 Mitigation of loss 1256.5 Betterment 1276.6 Notices 1286.7 Categories of claim 1357 Potential heads of claim 1407.1 Foreshortened programme 1407.2 The ‘knock-on’ effect 1437.3 Themore common heads of loss 1477.4 Cost of a claim 1808 Causation 1828.1 Theory1828.2 Use of networks 1848.3 Float 1899 Global claims 1929.1 Basic principles of global claims 1929.2 Unacceptable global claims 1949.3 The current position 19610 Preparation and substantiation of claims 20110.1 Preparing a claim 20110.2 Types of evidence required to support a claim 20610.3 ‘Scott schedules’ 213PART II 21711 Extension of time under JCT standard form contracts 21911.1 Standard Building Contract (SBC) 21911.2 Intermediate Building Contract (IC andICD) 24811.3 Minor Works Building Contract (MW and MWD) 25111.4 Design and Build Contract (DB) 25411.5 Prime Cost Building Contract (PCC) 25611.6 Management Building Contract (MC) 25711.7 Construction Management Trade Contract (CM/TC) 25911.8 Major Project Construction Contract (MP) 26011.9 Measured Term Contract (MTC) 26211.10 Constructing Excellence Contract (CE) 26412 Liquidated damages under JCT standard form contracts 26812.1 Standard Building Contract (SBC)26812.2 Intermediate Building Contract (IC and ICD) 27312.3 Minor Works Building Contract (MW and MWD) 27312.4 Design and Build Contract (DB) 27412.5 PrimeCost Building Contract (PCC) 27512.6 Management Building Contract (MC) 27512.7 Construction Management Trade Contract (CM/TC) 27512.8 Major Project Construction Contract (MP) 27612.9 Measured Term Contract (MTC) 27612.10 ConstructingExcellence Contract (CE) 27713 Loss and/or expense under JCT standard form contracts 27813.1 Standard Building Contract (SBC) 27813.2 Intermediate BuildingContract (IC and ICD) 30513.3 Minor Works Building Contract (MW and MWD) 30913.4 Design and Build Contract (DB) 31113.5 Prime Cost Building Contract (PCC) 31513.6 Management Building Contract (MC) 31613.7 Construction Management Trade Contract (CM/TC) 31613.8 Major Project Construction Contract (MP) 31613.9 Measured Term Contract (MTC) 31813.10 Constructing Excellence Contract (CE) 31814 Variations 31914.1 Introduction 31914.2 The baseline 32014.3 Bills of quantities 32114.4 Functions of the architect and the quantity surveyor 32414.5 JCT Standard Building Contract (SBC) 32514.6 JCT Intermediate Building Contract (IC and ICD) 34514.7 JCT Minor Works Building Contract (MW and MWD) 35014.8 JCT Design and Build Contract (DB) 35214.9 JCT Prime Cost Building Contract (PCC) 36014.10 JCT Management Building Contract (MC) 36114.11 JCT Construction Management Trade Contract (CM/TC) 36114.12 JCT Major Project Construction Contract (MP) 36214.13 JCT Measured Term Contract (MTC) 36414.14 JCT Constructing Excellence Contract (CE) 366PART III 36715 Claims Under The General Conditions of Government Contracts for Building and Civil Engineering Works (GC/Works/1(1998)) 36915.1 Introduction 36915.2 Extension of time and liquidated damages 36915.3 Prolongation and disruption 37715.4 Valuation of instructions 38116 Claims under the ACA Form of Building Agreement (ACA 3) 38516.1 Introduction 38516.2 Extension of time and liquidated damages 38616.3 Prolongation and disruption 39516.4 Valuation of instructions 40217 Claims under the ACA Standard Form of Contract for Project Partnering (PPC2000) 40717.1 Introduction 40717.2 Extensionof time and damages 40817.3 Loss and/or expense 41317.4 Changes 41518 Claims under NEC 3 Engineering and Construction Contract (NEC 3) 41818.1 Introduction41818.2 Compensation events 42018.3 Delay damages 44419 Sub-contract claims 44619.1 Introduction 44619.2 JCT Standard Building Sub-Contract Conditions (SBCSub/C) 44619.3 JCT Standard Building Sub-Contract with Sub-Contractor’s DesignConditions (SBCSub/D/C) 45719.4 JCT Intermediate Named Sub-Contract Conditions (ICSubNAM/SC) 45819.5 JCT Intermediate Sub-Contract Conditions (ICSub/C) 45919.6 JCT Intermediate Sub-Contract with Sub-Contractor's Design Conditions (ICSub/D/C) 46019.7 JCT Design and Build Sub-Contract Conditions (DBSub/C) 46019.8 JCT Management Works Contract Conditions (MCWC/C) 46219.9 ACA Form of Sub-Contract (ACA/SC) 465APPENDIX 473Example of contractor's claim for reimbursementof direct loss and/or expense under SBC with quantities clauses 4.23-4.26 - architect's and quantity surveyor's assessment with commentary 475Table of cases 498Table of standard form contract clauses 512Index 523
- ISBN: 978-1-119-95197-1
- Editorial: John Wiley & Sons
- Encuadernacion: Rústica
- Páginas: 632
- Fecha Publicación: 26/03/2012
- Nº Volúmenes: 1
- Idioma: Inglés