Table Of Content
Construction Delays
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The Presentation and Settlement of Contractors’ Claims, 2nd edn
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M. Hackett et al.
Construction Contracts Q&A
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Understanding JCT Standard Building Contracts, 8th edn
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Construction Contracts, 4th edn
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J. Murdoch and W. Hughes
Risk and Insurance in Construction, 2nd edn
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N. Bunni
Professional Negligence in Construction
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B. Patten
Development and the Law
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G. Bruce-Radcliffe
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Construction Delays
Extensions of time and prolongation
claims
Roger Gibson
First published 2008
by Taylor & Francis
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
Simultaneously published in the USA and Canada
by Taylor & Francis
270 Madison Ave, New York, NY 10016, USA
Taylor & Francis is an imprint of the Taylor & Francis Group, an informa business
This edition published in the Taylor & Francis e-Library, 2008.
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© 2008 Roger Gibson
All rights reserved. No part of this book may be reprinted or
reproduced or utilised in any form or by any electronic, mechanical,
or other means, now known or hereafter invented, including
photocopying and recording, or in any information storage or
retrieval system, without permission in writing from the publishers.
The publisher makes no representation, express or implied, with
regard to the accuracy of the information contained in this book and
cannot accept any legal responsibility or liability for any efforts or
omissions that may be made.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
Gibson, Roger, 1944–
Construction delays: extensions of time and prolongation
claims/Roger Gibson.
p. cm.
ISBN 978–0–415–34586–6 (hardcover: alk. paper) 1.
Building–Superintendence. 2. Production scheduling. 3. Tardiness. 4.
Construction contracts. I. Title.
TH438.4.G53 2007
692–dc22 2007040347
ISBN 0-203-93809-7(cid:13)(cid:10)(cid:13)(cid:10) Master e-book ISBN
ISBN10: 0–415–34586–3 (hbk)
ISBN13: 978–0–415–34586–6 (hbk)
Contents
Preface viii
Acknowledgements ix
PART I
Introduction 1
1 The aims of this book 3
2 Extensions of time 6
3 Prolongation claims 8
4 The SCL protocol 11
PART II
Programmes and record keeping 19
5 Background and history of planning 21
6 Planning and programming 25
7 The importance of a programme 40
8 Programme submission, review and acceptance 44
9 Program me updates and revisions 51
10 Progress records and other record keeping 59
PART III
Contracts and case law 67
11 Introduction 69
vi Contents
12 Contracts: JCT and NEC 72
13 Case law: pre-1993 79
14 Case law: 1993 to 1999 90
15 Case law: 2000 to 2003 102
16 Case law: 2004 to 2005 109
PART IV
The ‘thorny issues’ 117
17 Introduction 119
18 Float; ownership and utilisation 121
19 Concurrency 133
20 Mitigation and acceleration 143
21 Time at large 146
PART V
Extensions of time 149
22 Introduction 151
23 EOT assessment techniques 157
24 Prospective analysis: methodology and worked
example 182
25 Retrospective analysis: methodology and worked
example 199
PART VI
Prolongation claims (and time-related costs) 215
26 Introduction 217
27 Contract requirements 220
28 Prolongation claims 226
29 Worked example 233
Contents vii
APPENDICES 239
Appendix 1 Definitions and glossary 241
Appendix 2 Levels of programmes 249
Appendix 3 Model specification for a ‘windows’ analysis 257
Appendix 4 Charts for worked example: time impact
analysis 261
Appendix 5 Charts for worked example: windows
analysis 304
Index 357
Preface
I have been involved in the construction industry in the UK and overseas
for over 45 years, both at project level in planning and project positions
and in head office organisations in managerial roles. During this time, and
in particular during the last 20 years, which I have primarily spent
involved in time-related disputes and claims, I have become increasingly
aware of the lack of a comprehensive, easy-to-understand, practical and
‘down-to-earth’ reference book for those involved in the preparation and
assessment of extensions of time and prolongation claims.
The views expressed by me in this book represent many years’
experience of looking at projects that have gone wrong and resulted in a
dispute or disputes between the parties. In practice many projects are com-
pleted without major claims and, where these do occur, they are settled
promptly and professionally without escalating into a formal dispute.
Unfortunately, a claim that evolves into a formal dispute often stretches
the resources of the parties and their consultants, and this added financial
pressure does not facilitate resolution of the dispute.
Many construction firms, large and small alike, lack staff with the skills
required to produce well-presented extension of time submissions and
time-related delay claims. Similarly, the receiving party, architect, engineer
or employer, often lacks the in-house skills to review such submissions and
claims thoroughly, and delays making a proper decision or resorts to
external consultants for assistance.
A criticism I have with many books dealing with time-related claims is
that they answer all the simple questions, but often avoid the thorny issues
of ‘who owns the float’ and ‘concurrency’. This book deals with these
issues in detail and offers pragmatic advice.
Finally, this book aims to provide guidance and practical help in
preparing extension of time submissions and time-related delay claims.
Roger Gibson
Summer 2007
Acknowledgements
I would like to thank the following for their kind permission to reproduce
their material in this book:
The Society of Contract Law;
The Planning Engineers Organisation;
Sweet and Maxwell Publishing: Joint Contracts Tribunal – JCT 2005;
Thomas Telford Publishing – NEC3.
I would also like to thank Primavera Systems, Inc., whose software was
used to create the tables in appendices 4 and 5.
I am indebted to my family and Anne-Mette for their encouragement
and support during the writing of this book. Thanks are also due to my
past and present colleagues who have offered numerous helpful sugges-
tions.
Finally, the views expressed in this work are my own and I take full
responsibility for them.
