Building Contract Claims and Disputes/ Dennis F. Turner, Alan Turner, Alan Turner

By:

Turner, Dennis F [author ]

Contributor(s):

Turner, Alan [author ]

Material type: Text

TextPublication details: Routledge, 1999.Edition: 2nd edDescription: 624 p.: ill; 24cmISBN:

9780582285118

Subject(s):

DDC classification:

23 343.4107869

Contents:

List of figures List of tables Introduction Acknowledgements Abbreviations and further reading PART 1 Precontract activities 1 BACKGROUND TO CONTRACT DISPUTES A complex process Clients and the industry Matter underlying disputes Outline practical approaches 2 CONTRACT SOLUTIONS AND RISK DISTRIBUTION More traditional contract bases Assumptions underlying the more traditional bases Less traditional contract bases 3 TENDERING: CONTRACTOR’S POLICY, EXAMINATION AND CONTRACT Contractor’s policy Examination and acceptance of the tender Offers, statements and representations Resulting contract (or not) PART 2 Contract administration: mainly related to JCT contracts 4 PHYSICAL AND TIME PROBLEMS Programme and method statements Site possession, access, ground and other conditions 5 INFORMATION, INSTRUCTIONS AND APPROVALS Functions of the employer Authority of the architect Issue of instructions by the architect Mistakes in the contract and other documents Approval of the works 6 VARIATIONS, PROVISIONAL SUMS ETC: MAINLY IN JCT 80 AND IFC 84 CONTRACTS Authority and instructions Definitions Procedures for valuation Principles of valuation Rules for valuation Special provisions for valuation Valuation provisions under various JCT contracts 7 SUBCONTRACTORS: APPOINTMENT AND CONTROL Basic distinctions in subcontracting Domestic subcontracts Nominated subcontracts Named subcontracts 8 CERTIFICATES AND PAYMENTS Status of certificates Dissatisfaction over certificates The Housing Grants, Construction and Regeneration Act 1996 Deductions from certified amounts Ownership of materials and goods Off-site materials and goods PART 3 Delay and disturbance: introductory considerations 9 REMEDIES FOR BREACH OF CONTRACT Damages for breach of contract at common law Standard provisions equivalent to damages in building contracts Liquidate damages Costs of preparing claims for extension of time and loss and expense 10 DELAY AND DISTURBANCE OF PROGRESS Nature of delay and disturbance to programme and progress Concurrence of causes of delay and disturbance to programme Nature of disturbance Some factors related to disturbance Patterns of disturbance PART 4 Delay and disturbance: practical approaches 11 ASCERTAINMENT OF PRIMARY LOSS AND EXPENSE Some basic considerations Labour and plant Materials Site overheads 12 ASCERTAINMENT OF SECONDARY LOSS AND EXPENSE Head office overheads Loss of profit Interest and financing charges 13 CLAIMS AND MULTIPLE CONTRACTS Scope of claims in multiple contracts Broad nature and selective features of multiple-contract projects Special aspects of claims in multiple-contract patterns 14 GLOBAL CLAIMS Introduction Development of case low on global claims PART 5 Delay and disturbance: JCT contract provisions 15 CAUSES JUSTIFYING EXTENSION OF TIME AND/OR REIMBURSEMENT OF LOSS AND EXPENSE Some principles Cause leading to extension of time only Causes leading to extension of time and/or loss and expense 16 DELAY AND EXTENSION OF TIME Late completion Procedures for extension of time 17 LOSS AND EXPENSE Nature of and reasons for loss and expense Action by contractor Response by architect Payment of amount ascertained Other rights and remedies Provisions in JCT clause only Subcontract provisions 18 DAMAGE TO WORKS AND DETERMINATION OF EMPLOYMENT Damage to works, and related insurance Determination of contractual employment PART 6 Delay and disturbance: alternative contract provisions 19 COMPARISON OF ALTERNATIVE CONTRACT APPROACHES Outline comparison of contracts Outline comparison of key issues 20 GC/WORKS/1 WITH QUANTITIES CONTRACT Contract basis and administration Site and ground conditions Programme and time Instruction and payment 21 ICE MAJOR WORKS CONTRACT Contract basis and administration Site and ground conditions Programme and time Instructions and payment 22 THE NEW ENGINEERING CONTRACT Contract basis and administration Site and ground conditions Programme and time Instructions and payment (compensation events) Settlement of disputes 23 JCT AGREEMENT FOR MINOR WORKS Contract basis and administration Site and ground conditions Programme and time Instructions and payment 24 DESIGN AND BUILD AND RELATED CONTRACTS AND PROVISIONS Some design and build contract arrangements Design Ground conditions Delay to and disturbance of programme PART 7 Presentation and settlement of claims and disputes 25 EVIDENCE AND NEGOTIATION Evidence Negotiation 26 PRESENTATION OF COMPREHENSIVE CLAIM DOCUMENT Principles of presentation Sample claim presentation 27 METHODS OF DISPUTE RESOLUTION Definition of terms Perceptions of dispute resolution Negotiation Litigation Arbitration Adjudication Expert determination Mediation and conciliation Mini-trial 28 PROVISIONS FOR DISPUTE RESOLUTION IN STANDARD CONTRACTS JCT Standard Form of Building Contract 1980 JCT Intermediate Form of Building Contract 1984 JCT Agreement for Minor Building Works 1980 GC/Works/1 Contract with quantities (1998) ICE Major Works Contract 1991 New Engineering Contract 1994 PART 8 Case studies on claims 29 INTRODUCTION TO CASE STUDIES 30 MAJOR CASE STUDY: LABORATORY PROJECT, PART 1 Particulars of works Main events and their results in outline Extra payments in early stages Extra payments in later stages Some principles emerging over primary loss and expense 31 MAJOR CASE STUDY: LABORATORY PROJECT, PART 2 Extension of time Preliminaries adjustment due to scope of work Loss and expense on site overheads Inflation on fixed price contract General drop in productivity of labour Loss and expense on head office overheads Some final comments 32 MINOR CASE STUDY: FACTORY PROJECT Particulars of works Main events and their results Approach to settlement 33 MINOR CASE STUDY: FLATS PROJECT Particulars of work Main events and their results Comments on narrative Table of cases Index of contract clauses Index of subjects

Summary: The second edition of Building Contract Claims and Disputes (first published as Building Contract Disputes) provides a study of the causes of contractual disputes, particularly of claims in construction projects and of how they can be resolved successfully. It examines contracts, decisions, documentation and project operation from the points of view of clients, contractors, subcontractors and professional advisers. Readers in practice will find this book an invaluable and comprehensive reference. Those taking professional examinations or degree and postgraduate courses will also benefit greatly from it. The book explains the background, preparation and settlement of claims, with negotiation and dispute resolution from mediation to adjudication, arbitration and legal proceedings. The interrelations of variations, extension of time and loss and expense are considered. Three specially structured case studies of construction projects illustrate and apply the principles to detailed practical situations. This edition deals with a considerably expanded range of contracts, including JCT, GC/Works/1, design and build, minor works, ICE and innovative NEC. It covers recent legal rulings and changes in the law and contract forms, as well as parts of the Housing Grants, Construction and Regeneration Act 1996 and the Arbitration Act 1996.

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Holdings
Item type	Current library	Call number	Status	Date due	Barcode
Books	Main library	343.4107869/ TU.B (Browse shelf(Opens below))	Available		013433

List of figures
List of tables
Introduction
Acknowledgements

Abbreviations and further reading
PART 1 Precontract activities
1 BACKGROUND TO CONTRACT DISPUTES
A complex process
Clients and the industry
Matter underlying disputes
Outline practical approaches
2 CONTRACT SOLUTIONS AND RISK DISTRIBUTION
More traditional contract bases
Assumptions underlying the more traditional bases
Less traditional contract bases
3 TENDERING: CONTRACTOR’S POLICY, EXAMINATION AND CONTRACT
Contractor’s policy
Examination and acceptance of the tender
Offers, statements and representations
Resulting contract (or not)
PART 2 Contract administration: mainly related to JCT contracts
4 PHYSICAL AND TIME PROBLEMS
Programme and method statements
Site possession, access, ground and other conditions
5 INFORMATION, INSTRUCTIONS AND APPROVALS
Functions of the employer
Authority of the architect
Issue of instructions by the architect
Mistakes in the contract and other documents
Approval of the works
6 VARIATIONS, PROVISIONAL SUMS ETC: MAINLY IN JCT 80 AND IFC 84 CONTRACTS
Authority and instructions
Definitions
Procedures for valuation
Principles of valuation
Rules for valuation
Special provisions for valuation
Valuation provisions under various JCT contracts
7 SUBCONTRACTORS: APPOINTMENT AND CONTROL
Basic distinctions in subcontracting
Domestic subcontracts
Nominated subcontracts
Named subcontracts
8 CERTIFICATES AND PAYMENTS
Status of certificates
Dissatisfaction over certificates
The Housing Grants, Construction and Regeneration Act 1996
Deductions from certified amounts
Ownership of materials and goods
Off-site materials and goods
PART 3 Delay and disturbance: introductory considerations
9 REMEDIES FOR BREACH OF CONTRACT
Damages for breach of contract at common law
Standard provisions equivalent to damages in building contracts
Liquidate damages
Costs of preparing claims for extension of time and loss and expense
10 DELAY AND DISTURBANCE OF PROGRESS
Nature of delay and disturbance to programme and progress
Concurrence of causes of delay and disturbance to programme
Nature of disturbance
Some factors related to disturbance
Patterns of disturbance
PART 4 Delay and disturbance: practical approaches
11 ASCERTAINMENT OF PRIMARY LOSS AND EXPENSE
Some basic considerations
Labour and plant
Materials
Site overheads
12 ASCERTAINMENT OF SECONDARY LOSS AND EXPENSE
Head office overheads
Loss of profit
Interest and financing charges
13 CLAIMS AND MULTIPLE CONTRACTS
Scope of claims in multiple contracts
Broad nature and selective features of multiple-contract projects
Special aspects of claims in multiple-contract patterns
14 GLOBAL CLAIMS
Introduction
Development of case low on global claims
PART 5 Delay and disturbance: JCT contract provisions
15 CAUSES JUSTIFYING EXTENSION OF TIME AND/OR REIMBURSEMENT OF LOSS AND EXPENSE
Some principles
Cause leading to extension of time only
Causes leading to extension of time and/or loss and expense
16 DELAY AND EXTENSION OF TIME
Late completion
Procedures for extension of time
17 LOSS AND EXPENSE
Nature of and reasons for loss and expense
Action by contractor
Response by architect
Payment of amount ascertained
Other rights and remedies
Provisions in JCT clause only
Subcontract provisions
18 DAMAGE TO WORKS AND DETERMINATION OF EMPLOYMENT
Damage to works, and related insurance
Determination of contractual employment
PART 6 Delay and disturbance: alternative contract provisions
19 COMPARISON OF ALTERNATIVE CONTRACT APPROACHES
Outline comparison of contracts
Outline comparison of key issues
20 GC/WORKS/1 WITH QUANTITIES CONTRACT
Contract basis and administration
Site and ground conditions
Programme and time
Instruction and payment
21 ICE MAJOR WORKS CONTRACT
Contract basis and administration
Site and ground conditions
Programme and time
Instructions and payment
22 THE NEW ENGINEERING CONTRACT
Contract basis and administration
Site and ground conditions
Programme and time
Instructions and payment (compensation events)
Settlement of disputes
23 JCT AGREEMENT FOR MINOR WORKS
Contract basis and administration
Site and ground conditions
Programme and time
Instructions and payment
24 DESIGN AND BUILD AND RELATED CONTRACTS AND PROVISIONS
Some design and build contract arrangements
Design
Ground conditions
Delay to and disturbance of programme
PART 7 Presentation and settlement of claims and disputes
25 EVIDENCE AND NEGOTIATION
Evidence
Negotiation
26 PRESENTATION OF COMPREHENSIVE CLAIM DOCUMENT
Principles of presentation
Sample claim presentation
27 METHODS OF DISPUTE RESOLUTION
Definition of terms
Perceptions of dispute resolution
Negotiation
Litigation
Arbitration
Adjudication
Expert determination
Mediation and conciliation
Mini-trial
28 PROVISIONS FOR DISPUTE RESOLUTION IN STANDARD CONTRACTS
JCT Standard Form of Building Contract 1980
JCT Intermediate Form of Building Contract 1984
JCT Agreement for Minor Building Works 1980
GC/Works/1 Contract with quantities (1998)
ICE Major Works Contract 1991
New Engineering Contract 1994
PART 8 Case studies on claims
29 INTRODUCTION TO CASE STUDIES
30 MAJOR CASE STUDY: LABORATORY PROJECT, PART 1
Particulars of works
Main events and their results in outline
Extra payments in early stages
Extra payments in later stages
Some principles emerging over primary loss and expense
31 MAJOR CASE STUDY: LABORATORY PROJECT, PART 2
Extension of time
Preliminaries adjustment due to scope of work
Loss and expense on site overheads
Inflation on fixed price contract
General drop in productivity of labour
Loss and expense on head office overheads
Some final comments
32 MINOR CASE STUDY: FACTORY PROJECT
Particulars of works
Main events and their results
Approach to settlement
33 MINOR CASE STUDY: FLATS PROJECT
Particulars of work
Main events and their results
Comments on narrative
Table of cases
Index of contract clauses
Index of subjects

The second edition of Building Contract Claims and Disputes (first published as Building Contract Disputes) provides a study of the causes of contractual disputes, particularly of claims in construction projects and of how they can be resolved successfully. It examines contracts, decisions, documentation and project operation from the points of view of clients, contractors, subcontractors and professional advisers. Readers in practice will find this book an invaluable and comprehensive reference. Those taking professional examinations or degree and postgraduate courses will also benefit greatly from it.

The book explains the background, preparation and settlement of claims, with negotiation and dispute resolution from mediation to adjudication, arbitration and legal proceedings. The interrelations of variations, extension of time and loss and expense are considered. Three specially structured case studies of construction projects illustrate and apply the principles to detailed practical situations. This edition deals with a considerably expanded range of contracts, including JCT, GC/Works/1, design and build, minor works, ICE and innovative NEC. It covers recent legal rulings and changes in the law and contract forms, as well as parts of the Housing Grants, Construction and Regeneration Act 1996 and the Arbitration Act 1996.

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