When someone says the phrase time is at large on a construction project; it means that there is no fixed time for completion, or that the date for completion has become invalid and that the contractor is not bound by the obligation to complete the works by a certain date, but can complete the works …
What does it mean when someone says that ‘time is at large’ on a construction project? Read More »
It is common within the construction industry to see confusion between claims and variations, as the word claim is often, misunderstood in a construction context. In the terms and conditions of a construction contract, a claim is not an assessment of a variation as the two provisions operate differently because they are utilised in a …
Most, if not all, large scale construction and engineering projects run into some form of delay and/or budgetary issues. Whereby, contractors look to claim for additional money and time for events they deem as the employer’s risk, whilst often employers look to claim for events, which they deem, are the contractors risk. This post will look …
What are the differences between FIDIC 1999 and 2017 claims resolution procedures? Read More »
I was recently reviewing a claim submitted by a contractor wherein the contractor had included the costs of claim preparation as being compensable. Discussing with my colleagues we agreed that it is now common to see contractors claiming such costs, but are they entitled to? My initial opinion is that such costs are not recoverable, as …
Can the contractor recover the cost of preparing a claim? Read More »
With the World Health Organisation declaring COVID-19 a pandemic in March 2020 the world’s economies has stalled with economic output and the labour market feeling the worst effects. The construction sector in particular is facing particular challenges posed by COVID-19, namely: Social distancing being impractical to implement on a live building site; Supply chain networks …
How does Corona virus affect construction contracts? Read More »
With COVID-19 disrupting the performance of construction, consequently contracts and the obligations under these contracts are being revisited to assess the impact caused by COVID-19 and what relief, if any, can be sought by the parties. The contractual term brought to the fore due to the impact felt by COVID-19 is that of “force majeure”. This …
You would think that with the progress made in software and communication, construction projects would have become more streamlined and efficient.
In construction it is common to have arguments in disputes over entitlement to an Extension of Time (EOT) between the Contractor and the Employer and to who owns the float in the project programme.
For the inaugural blog post I thought it would be of benefit to discuss the elements of what constitutes a contract between parties.