Delay and Disruption in Construction Contracts (Construction Practice Series)

Great book to help in complex topics

THE WORK OF REFERENCE THAT EVERY COMMERCIAL CONSTRUCTION LAWYER SHOULD HAVE –NOW IN A NEW FIFTH EDITION COMPLETE WITH LINKED DOWNLOADSAn appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green ChambersThe truism that delays waste time and time costs money -- is almost monumentally pertinent to the construction industry which, by its very nature, involves massive expenditure with the requirement of massive capital investment.Delay and disruption, however, are the two factors that seem to occur in the construction industry more often than they are avoided – hence the pressing need on the part of all practitioners at the Construction Bar for the latest edition of this indispensable text published recently by Informa from Routledge as part of their Construction Practice series.‘Delay,’ says the expert and erudite author Andrew Burr, ‘happens in all industries ,jurisdictions and cultures,’ adding that when time has not been managed effectively, the consequences can be devastating for all participants in a project large or small, from employers and consultants to contractors and suppliers.One of the more spectacular examples cited is that of the Scottish Parliament building which incurred prolongations costs of £150 million – a sum which, as Burr points out, ‘could have funded a fully equipped general hospital.’ Other projects like the Shard had their problems too.Fortunately there are legal processes aimed either at settling the complex legal disputes that almost inevitably result from delays, or preventing such delays from happening in the first place. By way of example in the book’s introduction, the author refers to a protocol published in October 2002 as the result of certain discussions by the Society of Construction Law.The resulting Delay and Disruption Protocol set out in Appendix 3 emphasizes the need for foresight (if at all possible) in the early stages of a project. The concern here says the author, is with ‘managing time proactively or delaying with extensions time and compensation for delay.’Rather dismayingly, ‘the industry did not take this message to heart,’ says Burr. Instead, the protocol has been used more frequently ‘as a stick with which to beat the opposition in disputes rather than to avoid disputes in the first place.’Written with precision and clarity, the book offers a wealth of discussion containing down-to-earth advice as to how problems -- specifically legal problems -- relating to time management can be overcome, or at least dealt with on a rational basis. While no two construction projects are alike, the author asserts that projects failing to be completed on time have two factors in common: poor project programing and poor record keeping, ‘competence in both of which is essential for effective project control.’It should be emphasised that the book is a team effort with contributions from ten experts including the author. Within its more than 1,200 pages and twenty-five chapters, it covers virtually every conceivable aspect of this complicated subject, from risk, time, costs and project control to global claims, damages and dispute resolution. The chapter points on ‘notices, claims and early warnings’ are particularly interesting. Small wonder, then, that this definitive work has come to be regarded as a leading authority worldwide particularly in court decisions.Note also, the tables of case report references, cases, legislation contract clauses and the list of other resources. There is in addition a wealth of online resources linked to this new edition, namely the more than one hundred bespoke figures in the text which can all be downloaded.The information and resources presented in this book, as well as the important new material it contains, certainly make it a must-have purchase for practitioners at the Construction Bar, or indeed anyone professionally involved in the construction industry,The publication date is cited as at February 2016.

Best book ever!

This is a valuable resource for the evaluation of construction delay and disruption disputes.

An essential reference for Engineers, Contractors and Dispute board members

Excellent bookHad the 3rd revision but this new release is even betterLot of good stuff that make you think not only for claims but also for the proper day by day project good management

Excellent text, relevant to Australia