The document summarizes changes to the Construction (Design and Management) Regulations 2015 (CDM 2015) in the UK, which replaced the 2007 regulations. Key changes include: (1) removing the role of the CDM coordinator and distributing responsibilities to the principal designer and contractor; (2) extending client duties to domestic clients; and (3) reducing the importance of distinguishing between "notifiable" and non-notifiable projects. The new regulations shift focus from prescriptive roles to more general duties of clients, designers, and contractors. They are likely to affect construction litigation by influencing the standard of care and contractual obligations.
FIDIC Lecture - Joint operation of multiple Fidic Forms - A Case StudyKhalil Hasan
The document describes a case study involving the joint administration of two FIDIC contracts - a Red Book contract for civil works and a Yellow Book contract for electrical and mechanical works - on a hydropower project. The E&M contractor fell behind schedule, impacting the civil works contractor (CIV). To recover the delay, the Engineer had CIV construct some temporary works to help E&M, then sought reimbursement from E&M for CIV's costs following the proper procedures in both contracts. This involved issuing notices, submitting claims and counterclaims, and making determinations, while ensuring all actions complied with the relevant clauses in the Red and Yellow Books.
This document outlines the general conditions for subcontracts for civil engineering construction projects put forth by FIDIC (Fédération Internationale des Ingénieurs-Conseils). It defines key terms related to the subcontract, including defining the employer, contractor, subcontractor, engineer and what constitutes the main contract and subcontract. It also outlines general obligations of the subcontractor, details regarding the subcontract documents, requirements regarding the main contract, site access and working conditions, commencement and completion, instructions and decisions, variations, payments, termination, default, dispute resolution and other administrative elements. The document provides the framework for a standard form of subcontract agreement to be used in conjunction with FID
Good contracts will take into account CDM 2007 arrangements. Learn from these practical examples when drafting your contracts - presentation by Julian Scott of Squire Sanders exclusively for ARMSA Consulting wind energy clients.
Gary Lewis's presentation on Guiding principles of CDM 2007 and its application to Joint Ventures in the Wind Energy Sector - exclusively presented to ARMSA Wind Energy clients on Breakfast Seminar on 30 October 2013 and now available to public.
This document summarizes changes between the 2000 and 2014 editions of the Joint Building Contracts Committee (JBCC) standard form construction contracts used in South Africa. Some key changes include streamlining and restructuring the contract from 40 to 30 clauses, expanding and clarifying contractor and employer duties, consolidating insurance provisions, reformulating security provisions, and increasing contractor liability for works risk while defining force majeure events. Specific changes are outlined for indemnities, setting out, subcontractors, and completion phases. The document provides an overview of the evolution of the JBCC standard forms and significant differences between editions.
Scope changes during the testing and commissioning phase of construction projects are a critical issue that can impact cost and completion time. Unclear scope definitions during the design phase and improper communication between stakeholders often lead to scope changes being requested by employers after construction is complete. While FIDIC contracts recognize the effects of scope changes and enable contractors to claim related costs and time extensions, the standards used to calculate cost impacts are not defined in FIDIC, leading to potential disputes. Proper project planning through clear scoping and use of FIDIC contracts can help protect projects and avoid disputes over scope changes.
FIDIC Lecture - Joint operation of multiple Fidic Forms - A Case StudyKhalil Hasan
The document describes a case study involving the joint administration of two FIDIC contracts - a Red Book contract for civil works and a Yellow Book contract for electrical and mechanical works - on a hydropower project. The E&M contractor fell behind schedule, impacting the civil works contractor (CIV). To recover the delay, the Engineer had CIV construct some temporary works to help E&M, then sought reimbursement from E&M for CIV's costs following the proper procedures in both contracts. This involved issuing notices, submitting claims and counterclaims, and making determinations, while ensuring all actions complied with the relevant clauses in the Red and Yellow Books.
This document outlines the general conditions for subcontracts for civil engineering construction projects put forth by FIDIC (Fédération Internationale des Ingénieurs-Conseils). It defines key terms related to the subcontract, including defining the employer, contractor, subcontractor, engineer and what constitutes the main contract and subcontract. It also outlines general obligations of the subcontractor, details regarding the subcontract documents, requirements regarding the main contract, site access and working conditions, commencement and completion, instructions and decisions, variations, payments, termination, default, dispute resolution and other administrative elements. The document provides the framework for a standard form of subcontract agreement to be used in conjunction with FID
Good contracts will take into account CDM 2007 arrangements. Learn from these practical examples when drafting your contracts - presentation by Julian Scott of Squire Sanders exclusively for ARMSA Consulting wind energy clients.
Gary Lewis's presentation on Guiding principles of CDM 2007 and its application to Joint Ventures in the Wind Energy Sector - exclusively presented to ARMSA Wind Energy clients on Breakfast Seminar on 30 October 2013 and now available to public.
This document summarizes changes between the 2000 and 2014 editions of the Joint Building Contracts Committee (JBCC) standard form construction contracts used in South Africa. Some key changes include streamlining and restructuring the contract from 40 to 30 clauses, expanding and clarifying contractor and employer duties, consolidating insurance provisions, reformulating security provisions, and increasing contractor liability for works risk while defining force majeure events. Specific changes are outlined for indemnities, setting out, subcontractors, and completion phases. The document provides an overview of the evolution of the JBCC standard forms and significant differences between editions.
Scope changes during the testing and commissioning phase of construction projects are a critical issue that can impact cost and completion time. Unclear scope definitions during the design phase and improper communication between stakeholders often lead to scope changes being requested by employers after construction is complete. While FIDIC contracts recognize the effects of scope changes and enable contractors to claim related costs and time extensions, the standards used to calculate cost impacts are not defined in FIDIC, leading to potential disputes. Proper project planning through clear scoping and use of FIDIC contracts can help protect projects and avoid disputes over scope changes.
Why does an eot not automatically entitle a contractor to prolongation costs ...Iffat Al Gharbi
The document discusses why an extension of time does not automatically entitle a contractor to prolongation costs (costs incurred due to delays). It explains that an extension of time only relieves the contractor of liquidated damages payments for the period of overrun. To claim prolongation costs, the contractor must prove the delay was caused by the employer in breach of contract and actually caused the costs. The document also notes differing views on concurrent delays from multiple causes and recovering costs in such situations.
This document discusses time-bar clauses in standard construction contracts. It begins with an introduction that defines time-bar clauses and notes their increasing use. It then outlines the purposes of time-bar clauses such as alerting employers to claims and allowing for timely evaluation. The document reviews general legal principles around time-bar clauses from relevant case law. It examines the effectiveness of time-bar clauses in contracts like FIDIC and discusses requirements for notices of claims and record keeping. The role of the quantity surveyor is also mentioned.
Nec fidic-jbcc-gcc- ct-marketing (1) (2)GPTraining
This document provides an overview and agenda for a three-day workshop on construction contracts. Day 1 will cover FIDIC contracts, focusing on their structure, role players, administration, and dispute resolution. Day 2 will cover NEC3 contracts, including preparation, key players, administration involving payments, time and changes, and termination. Day 3 will cover JBCC and GCC 2012 contracts. The workshop aims to enhance skills in procurement, contract drafting, and administration of these standard forms.
Claim Preparation and Project Records - 2014 Olswang Construction Law ConferenceFrancis Ho
This document summarizes the key points made in a presentation on the importance of project records for claims preparation. It discusses the record keeping requirements in standard contracts like FIDIC, JCT and NEC. To establish entitlement to claims, contemporaneous documentation is needed to show liability, loss/damage and causation. Common deficiencies include a lack of records on actual hours, costs, productivity and site progress. The presentation provides guidance on maintaining robust documentation practices like training, auditing and keeping programmes, work records, delay explanations and cost records.
Determination of compensation due to a grant of EOT under FIDIC Conditions creates certain issues and the Society of Construction Law has set up a Protocol to overcome most of these issues with a well laid out procedure.
The document discusses key aspects of EPC contracts and the FIDIC Silver Book for major infrastructure projects. It notes that EPC contracts allocate significant risk to contractors in exchange for price and schedule guarantees. The FIDIC Silver Book is a turnkey contract form that departs from the usual risk allocation. The summary highlights common bankability issues for lenders and key contract clauses around fixed price and schedule, performance guarantees, liability caps, security provisions, and defects liability.
It Pays to Be Right: Payment in Construction ContractsFrancis Ho
This document summarizes key principles regarding payment in construction contracts under the Housing Grants, Construction and Regeneration Act 1996 in the UK. It discusses mandatory payment provisions, including requirements for adequate payment mechanisms and notices. It notes that failing to serve valid pay less notices can result in having to pay the notified sum. It also discusses issues like overpayment, making valid interim payment applications, and the need for employers to strictly follow notice requirements in order to later challenge payment amounts.
This document discusses construction delays and extensions of time under standard construction contracts. It defines different categories of delays including those caused by the contractor, employer, and third parties. For contractor-caused delays, the contractor is not entitled to an extension of time or reimbursement for losses. For employer-caused delays, the contractor can claim an extension of time and reimbursement for losses. The document outlines the procedure for applying for an extension of time and the principles for granting one. It also discusses implications of granting or not granting extensions of time, such as liquidated damages and time becoming at large.
This document provides a presentation on design and build contracts under FIDIC contracts. It discusses what FIDIC is, its origins and vision. It then discusses design and build procurement, highlighting advantages like price certainty and single point responsibility, as well as disadvantages like reduced employer control. It outlines the roles of different parties in traditional vs design and build arrangements. It also summarizes key clauses and details in FIDIC's Orange Book and Yellow Book for design and build and turnkey contracts. Sample questions and answers are provided to illustrate how situations would be addressed under the FIDIC contracts.
Variation: it’s Regulation & Management under the MDB-FIDIC (2006) & the PPA ...MMS presentation firm
Variation: it’s Regulation & Management under the MDB-FIDIC (2006) & the PPA (2011) Conditions of Construction Contracts & the Applicable Laws will help you to understand more about variation in terms international contracts and domestic contract(Ethiopian context)
an introduction to FIDIC contracts and the other available international modules. Provides and overview of history of FIDIC contracts, documents under FIDIC, types of contract clauses, and contract structure.
The document provides an overview of omissions in construction contracts, including FIDIC contracts, and remedies for breach of contract due to improper omissions. It discusses how variation clauses typically allow for genuine omissions of work no longer required, but not to omit work and assign it to another contractor without express terms. Case law establishes contractors are entitled to loss of profit damages for improper omissions. The conclusion reiterates that contractors should have the opportunity to perform all contracted work, and omissions to assign work to others requires clear contractual terms or else the contractor can claim loss of profits.
Variations and their Consequences - Olswang Construction Law Masterclass - 5 ...Francis Ho
This document summarizes key aspects of variations in construction contracts, including:
1) What constitutes a variation based on standard contract definitions.
2) Why variation clauses are included in contracts to allow flexibility for changes.
3) Procedures for instructing, valuing, and agreeing to variations.
4) Issues that can arise regarding scope, instructions, notice periods and whether a variation has actually occurred.
5) The impact of anti-oral variation clauses and agency on how variations are authorized.
6) Special considerations for omitting contracted work versus instructing additions.
110801Proposed Fidic Contract Framework For Complex Epc ProjectsMy own
Structure and Components of a Comprehensive Suite Of Components forming the Level of Contract Documentation Needed for Complex Industrial or Mining Mega Project
Clause 4.2 Performance Security-Understanding Clauses in FIDIC ‘Conditions of...Divyanshu Dayal
The document discusses performance security under FIDIC conditions of contract. Performance security is usually 10% of the contract price and is valid until the contractor has completed the works and remedied any defects. The employer can claim under the performance security if the contractor fails to extend the validity period, fails to pay amounts owed, or fails to remedy a default. The performance security is returned once the contractor is entitled to the performance certificate.
The document provides an overview of construction contract laws in Ethiopia. It discusses key definitions related to contracts, requirements for valid contracts, and types of contracts. It also summarizes the three main sources of contract law for construction projects in Ethiopia: 1) the Law of Administrative Contract in the Civil Code of Ethiopia, 2) the MoWUD Standard Conditions of Contract, and 3) the PPA Conditions of Contract used for public procurement projects. For each, it highlights important elements such as definitions, roles of parties, general framework and clauses.
Construction claims, disputes and project closuresrinivas2036
This document discusses construction claims, disputes, and project closure. It begins by explaining that during project execution, issues often arise between parties that cannot be resolved, resulting in claims from contractors for time extensions or cost reimbursements. These claims can be settled amicably or become disputes if the owner does not agree. Common sources of claims include defects in contracts, site conditions differing from descriptions, scope changes, and payment delays. The document provides guidance on claim management, notification, substantiation, and resolution procedures. It also discusses mechanisms for dispute avoidance and resolution such as negotiation, mediation, arbitration, and their advantages over legal proceedings.
1) Tougher fines and potential imprisonment are coming for those who breach health and safety regulations under reforms to the regulations. Responsibility for health and safety cannot be contracted out and failures can result in criminal prosecution.
2) The definition of "designer" under the CDM regulations is very broad and could include those who make suggestions about design or materials, even inadvertently. This could result in taking on designer responsibilities and duties.
3) Under the new regulations, the role of the principal designer replaces the coordinator role and aims to better plan and manage the pre-construction phase, but designer responsibilities remain the same, such as eliminating health and safety risks in design.
This document provides an overview of the key changes to the Construction Design and Management (CDM) regulations that will take effect in April 2015 in the UK. Some of the main changes include: 1) Projects will only need to be notified to the HSE if they last over 30 days with over 20 people on site, rather than 30 days or 500 person days; 2) Domestic projects involving two or more contractors will now be included; 3) The role of the CDM Coordinator will be replaced by the Principal Designer who will have design phase responsibilities. The client will have new duties including appointing the Principal Designer and Contractor and ensuring they fulfill their roles.
Why does an eot not automatically entitle a contractor to prolongation costs ...Iffat Al Gharbi
The document discusses why an extension of time does not automatically entitle a contractor to prolongation costs (costs incurred due to delays). It explains that an extension of time only relieves the contractor of liquidated damages payments for the period of overrun. To claim prolongation costs, the contractor must prove the delay was caused by the employer in breach of contract and actually caused the costs. The document also notes differing views on concurrent delays from multiple causes and recovering costs in such situations.
This document discusses time-bar clauses in standard construction contracts. It begins with an introduction that defines time-bar clauses and notes their increasing use. It then outlines the purposes of time-bar clauses such as alerting employers to claims and allowing for timely evaluation. The document reviews general legal principles around time-bar clauses from relevant case law. It examines the effectiveness of time-bar clauses in contracts like FIDIC and discusses requirements for notices of claims and record keeping. The role of the quantity surveyor is also mentioned.
Nec fidic-jbcc-gcc- ct-marketing (1) (2)GPTraining
This document provides an overview and agenda for a three-day workshop on construction contracts. Day 1 will cover FIDIC contracts, focusing on their structure, role players, administration, and dispute resolution. Day 2 will cover NEC3 contracts, including preparation, key players, administration involving payments, time and changes, and termination. Day 3 will cover JBCC and GCC 2012 contracts. The workshop aims to enhance skills in procurement, contract drafting, and administration of these standard forms.
Claim Preparation and Project Records - 2014 Olswang Construction Law ConferenceFrancis Ho
This document summarizes the key points made in a presentation on the importance of project records for claims preparation. It discusses the record keeping requirements in standard contracts like FIDIC, JCT and NEC. To establish entitlement to claims, contemporaneous documentation is needed to show liability, loss/damage and causation. Common deficiencies include a lack of records on actual hours, costs, productivity and site progress. The presentation provides guidance on maintaining robust documentation practices like training, auditing and keeping programmes, work records, delay explanations and cost records.
Determination of compensation due to a grant of EOT under FIDIC Conditions creates certain issues and the Society of Construction Law has set up a Protocol to overcome most of these issues with a well laid out procedure.
The document discusses key aspects of EPC contracts and the FIDIC Silver Book for major infrastructure projects. It notes that EPC contracts allocate significant risk to contractors in exchange for price and schedule guarantees. The FIDIC Silver Book is a turnkey contract form that departs from the usual risk allocation. The summary highlights common bankability issues for lenders and key contract clauses around fixed price and schedule, performance guarantees, liability caps, security provisions, and defects liability.
It Pays to Be Right: Payment in Construction ContractsFrancis Ho
This document summarizes key principles regarding payment in construction contracts under the Housing Grants, Construction and Regeneration Act 1996 in the UK. It discusses mandatory payment provisions, including requirements for adequate payment mechanisms and notices. It notes that failing to serve valid pay less notices can result in having to pay the notified sum. It also discusses issues like overpayment, making valid interim payment applications, and the need for employers to strictly follow notice requirements in order to later challenge payment amounts.
This document discusses construction delays and extensions of time under standard construction contracts. It defines different categories of delays including those caused by the contractor, employer, and third parties. For contractor-caused delays, the contractor is not entitled to an extension of time or reimbursement for losses. For employer-caused delays, the contractor can claim an extension of time and reimbursement for losses. The document outlines the procedure for applying for an extension of time and the principles for granting one. It also discusses implications of granting or not granting extensions of time, such as liquidated damages and time becoming at large.
This document provides a presentation on design and build contracts under FIDIC contracts. It discusses what FIDIC is, its origins and vision. It then discusses design and build procurement, highlighting advantages like price certainty and single point responsibility, as well as disadvantages like reduced employer control. It outlines the roles of different parties in traditional vs design and build arrangements. It also summarizes key clauses and details in FIDIC's Orange Book and Yellow Book for design and build and turnkey contracts. Sample questions and answers are provided to illustrate how situations would be addressed under the FIDIC contracts.
Variation: it’s Regulation & Management under the MDB-FIDIC (2006) & the PPA ...MMS presentation firm
Variation: it’s Regulation & Management under the MDB-FIDIC (2006) & the PPA (2011) Conditions of Construction Contracts & the Applicable Laws will help you to understand more about variation in terms international contracts and domestic contract(Ethiopian context)
an introduction to FIDIC contracts and the other available international modules. Provides and overview of history of FIDIC contracts, documents under FIDIC, types of contract clauses, and contract structure.
The document provides an overview of omissions in construction contracts, including FIDIC contracts, and remedies for breach of contract due to improper omissions. It discusses how variation clauses typically allow for genuine omissions of work no longer required, but not to omit work and assign it to another contractor without express terms. Case law establishes contractors are entitled to loss of profit damages for improper omissions. The conclusion reiterates that contractors should have the opportunity to perform all contracted work, and omissions to assign work to others requires clear contractual terms or else the contractor can claim loss of profits.
Variations and their Consequences - Olswang Construction Law Masterclass - 5 ...Francis Ho
This document summarizes key aspects of variations in construction contracts, including:
1) What constitutes a variation based on standard contract definitions.
2) Why variation clauses are included in contracts to allow flexibility for changes.
3) Procedures for instructing, valuing, and agreeing to variations.
4) Issues that can arise regarding scope, instructions, notice periods and whether a variation has actually occurred.
5) The impact of anti-oral variation clauses and agency on how variations are authorized.
6) Special considerations for omitting contracted work versus instructing additions.
110801Proposed Fidic Contract Framework For Complex Epc ProjectsMy own
Structure and Components of a Comprehensive Suite Of Components forming the Level of Contract Documentation Needed for Complex Industrial or Mining Mega Project
Clause 4.2 Performance Security-Understanding Clauses in FIDIC ‘Conditions of...Divyanshu Dayal
The document discusses performance security under FIDIC conditions of contract. Performance security is usually 10% of the contract price and is valid until the contractor has completed the works and remedied any defects. The employer can claim under the performance security if the contractor fails to extend the validity period, fails to pay amounts owed, or fails to remedy a default. The performance security is returned once the contractor is entitled to the performance certificate.
The document provides an overview of construction contract laws in Ethiopia. It discusses key definitions related to contracts, requirements for valid contracts, and types of contracts. It also summarizes the three main sources of contract law for construction projects in Ethiopia: 1) the Law of Administrative Contract in the Civil Code of Ethiopia, 2) the MoWUD Standard Conditions of Contract, and 3) the PPA Conditions of Contract used for public procurement projects. For each, it highlights important elements such as definitions, roles of parties, general framework and clauses.
Construction claims, disputes and project closuresrinivas2036
This document discusses construction claims, disputes, and project closure. It begins by explaining that during project execution, issues often arise between parties that cannot be resolved, resulting in claims from contractors for time extensions or cost reimbursements. These claims can be settled amicably or become disputes if the owner does not agree. Common sources of claims include defects in contracts, site conditions differing from descriptions, scope changes, and payment delays. The document provides guidance on claim management, notification, substantiation, and resolution procedures. It also discusses mechanisms for dispute avoidance and resolution such as negotiation, mediation, arbitration, and their advantages over legal proceedings.
1) Tougher fines and potential imprisonment are coming for those who breach health and safety regulations under reforms to the regulations. Responsibility for health and safety cannot be contracted out and failures can result in criminal prosecution.
2) The definition of "designer" under the CDM regulations is very broad and could include those who make suggestions about design or materials, even inadvertently. This could result in taking on designer responsibilities and duties.
3) Under the new regulations, the role of the principal designer replaces the coordinator role and aims to better plan and manage the pre-construction phase, but designer responsibilities remain the same, such as eliminating health and safety risks in design.
This document provides an overview of the key changes to the Construction Design and Management (CDM) regulations that will take effect in April 2015 in the UK. Some of the main changes include: 1) Projects will only need to be notified to the HSE if they last over 30 days with over 20 people on site, rather than 30 days or 500 person days; 2) Domestic projects involving two or more contractors will now be included; 3) The role of the CDM Coordinator will be replaced by the Principal Designer who will have design phase responsibilities. The client will have new duties including appointing the Principal Designer and Contractor and ensuring they fulfill their roles.
The document contains 5 questions related to construction management. Question 1 asks about effects of key certificates issued during construction like Certificate of Substantial Completion, purposes of liquidated damages, and effects of Defects Correction Certificate. It also asks about purposes of forfeiture and default clauses. Question 2 defines bill of quantities and discusses its objectives, defines variations, and basis for valuation of variations. It also defines provisional sums and prime cost items. Question 3 discusses roles of client, contractor and engineer and limitations of engineer's representative. It also discusses circumstances that may frustrate a construction contract. Question 4 distinguishes between assurance and insurance, discusses liabilities for damages and purposes of retention and performance bonds. It also discusses care of works
This document provides an introduction and overview of FIDIC Conditions of Contract. It discusses what FIDIC is, the characteristics and application of FIDIC Conditions of Contract, and new developments. Some key points include: FIDIC has compiled construction contract conditions used globally for over 50 years; the 1999 editions include the Red, Yellow, and Silver Books; characteristics include unified terms, wider application, and more specific rights/obligations; new developments include the Gold Book for Design-Build-Operate contracts and improved dispute resolution methods.
Bcd4 standard building_contract_(without_quantities)_and_schedule_of_contract...tdartnell
This document provides directives for completing contract documents for building projects using the JCT Standard Building Contract Without Quantities 2011. It outlines required amendments to the recitals, articles, contract particulars and conditions. Key points include:
- The payment provisions will be amended to comply with new legislation regarding construction contracts.
- Additional clauses must be inserted in contracts regarding health and safety procedures and allowing employer access for monitoring.
- Where there is a contractor designed portion, the twelfth recital is replaced to create a single point of responsibility for design and construction.
- A new article is inserted requiring the contractor to provide a parent company guarantee, performance bond, or deposit if the contract sum is over £250,
The document summarizes contracting practices in Ethiopia, including administrative contracts and standard conditions of contract. It discusses the Law of Administrative Contract, MoWUD Conditions of Contract, and PPA Conditions of Contract. It explains key features of administrative contracts under Ethiopian civil law, including imbalance favoring the public authority. It also provides details on the MoWUD and PPA standard conditions of contract documents.
There are several types of construction contracts:
1. Separated contracts involve separate entities for design and construction, resulting in delays. Lump-sum and measurement contracts fall under this category.
2. Integrated contracts assign design and construction responsibilities to a single entity to streamline the process. Design-build, turnkey, and build-operate-transfer contracts integrate the roles.
3. Management contracts appoint a single contractor to plan, manage, and coordinate subcontractors for design and construction. Construction management contracts focus on coordination. Design-build-manage contracts assign all three roles.
4. Discretionary contracts like partnering and joint ventures involve collaboration between client and contractor or between multiple contractors to share
The document summarizes a report on contract administration and site management for a health centre extension project. It recommends using a JCT Intermediate Contract with Quantities due to its flexibility and simplicity compared to other standard forms. The contract administrator's role is described as both desk-based and requiring site presence to monitor progress and ensure compliance with health and safety regulations. Statutory approvals from planning and building control authorities are necessary and the approval process involves submitting plans and allowing inspections. Risks associated with the site such as ground conditions and potential delays must be managed under the contract.
IRJET- Delay in Construction its Causes and Mitigation: A ReviewIRJET Journal
This document discusses causes of delays in construction projects and methods to mitigate them. It identifies several common causes of delay including changes by owners, payment delays, design errors, poor planning, and communication issues. Delays are classified as critical/non-critical, excusable/non-excusable, and compensable/non-compensable. The document also provides a table outlining specific mitigation plans for various delay causes related to the project management, financing, and construction. Overall, the document provides an overview of delays in construction and strategies to minimize them through improved coordination, planning, communication and dispute resolution.
Construction lawprint-final-update-21112017DarrenTofu
This document provides an analysis and recommendations regarding contractual disputes that have arisen on a construction project using the FIDIC Red Book 1999 conditions of contract. It identifies issues such as delays in site handover, late payments, workmen being pulled off site, and schedule delays. It examines the general responsibilities of the main contractor, conditions guiding payment, contractual programming, testing and defects, and dispute resolution methods. The document aims to advise the contractor on addressing payment delays, the potential to suspend work or terminate the contract, and resolving disputes in accordance with the contract terms.
CFW NEC Management of change under the NEC3 Rae Davies
The document provides an overview and agenda for a presentation on supply chain development and management of change under the NEC3 construction contract. The presentation covers early warnings, compensation events, and some key points to note. It discusses the NEC3 suite of contracts, core clauses, defined terms, communication protocols, risk registers, programmes, and the early warning process. The early warning process involves notifying issues, instructing a risk reduction meeting to discuss mitigation actions, and updating the risk register.
The document discusses tendering procedures for construction contracts. It describes the tendering process where bids are invited from suitable contractors based on tender documents prepared by the employer's design team. The design team then assesses the tenders and provides a report advising which tender to accept. The employer then signs a contract with the successful tenderer, who becomes the contractor. The tender documents form the basis of this contract, though changes can be made during construction as work progresses. The goal of tendering is for the employer to find the right contractor at the right price, while contractors aim to win contracts on suitable terms and prices.
Risk Mitigation In Construction ContractsIRJET Journal
This document discusses risks in construction contracts. It begins by defining what a construction contract is, noting that it is a legal agreement that governs a construction project and aims to allocate and mitigate risks between parties. It then describes the key parties that are typically involved in a construction contract - the employer/owner, contractor, subcontractors, tenderer, and agent. The document outlines some of the major risks that construction contracts aim to address, such as land acquisition risks for the owner, cost overruns and delays for contractors, and payment risks for subcontractors. Overall, the document provides background on construction contracts and highlights how they are used to allocate risks between parties involved in construction projects.
Tips for effective administration of a construction contract and for reducing the risk of delay and change orders. Interplay between the contractors, the consultant and an owner.
160
مبادرة
#تواصل_تطوير
المحاضرة ال 160 من المبادرة
الاستاذ الدكتور شريف الهجان
بعنوان
البرنامج الزمني في عقود التشييد
The programme in construction contracts
وذلك يوم الإثنين 23 مايو
السابعة مساء توقيت القاهرة
الثامنة مساء توقيت مكة المكرمة
و الحضور عبر تطبيق زووم
https://us02web.zoom.us/meeting/register/tZYqdO2vqDsrHdUNBrAhSM8P4uSRrspTYSrT
علما ان هناك بث مباشر للمحاضرة على القنوات الخاصة بجمعية المهندسين المصريين
ونأمل أن نوفق في تقديم ما ينفع المهندس ومهمة الهندسة في عالمنا العربي
والله الموفق
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ومتابعة المبادرة والبث المباشر عبر نوافذنا المختلفة
رابط اللينكدان والمكتبة الالكترونية
https://www.linkedin.com/company/eeaksa-egyptian-engineers-association/
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ملحوظة : توجد شهادات حضور مجانية لمن يسجل فى رابط التقيم اخر المحاضرة.
This document provides an overview of the strategy, execution, and delivery processes for a Building Information Modeling (BIM) project to construct a new road link in Bedfordshire, England. It discusses developing an Employers Information Requirement document according to British standards to outline the project requirements. It also describes releasing an invitation to tender requiring BIM compliance and submitting a pre-contract BIM Execution Plan as part of the bidding process. Finally, it discusses setting up a Master Information Delivery Plan including a construction program and model production tasks once a contractor is selected.
This document discusses the mechanism for modifying public procurement contracts in Romania according to Instruction No. 1/2016 and Law No. 98/2016.
It begins by introducing the two relevant laws regarding contract modification in Romania. It then discusses when modifications are considered substantial or insubstantial according to the laws. Modifications resulting directly from contractual clauses without discretionary changes are considered insubstantial. Modifications changing the contract's requirements or economic balance are substantial.
The document provides more details on what makes a modification insubstantial or substantial. Insubstantial modifications cannot change the contract's economic balance or objectives. Substantial modifications introduce new conditions, economic imbalances, or significantly alter the contract's scope. The conclusion reiterates
This document provides an analysis and recommendation of a suitable form of contract for a proposed postgraduate student accommodation and outreach centre project in Malaysia. It summarizes key details of the project, discusses general principles of construction contracts, and analyzes the FIDIC Yellow Book 1999 as a recommended form of contract for the project. Specifically, it highlights that the FIDIC Yellow Book 1999 supports a design-build procurement approach, outlines key features like single point responsibility, provisions for contract administration, and an emphasis on fair risk sharing between parties.
Queries have been raised about how to deal with the impact on NEC contracts that may be
caused by the prevention and containment measures being instigated to control the spread of
the coronavirus. This note is aimed at explaining the ways in which the NEC4 contracts deal with
this matter. The guidance is given in relation to the Engineering and Construction Contract (ECC),
but similar actions apply under the other NEC contracts. This advice is given in relation to the
standard wording in NEC4 contracts. If modifications have been made, the contract should be
reviewed to check whether the guidance given here still applies.
Similar to Seb Oram - The 2015 CDM Regulations - changes and impact on litigation (20)
Seb Oram - The 2015 CDM Regulations - changes and impact on litigation
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A. INTRODUCTION
1. The 2015 Regs. The Construction (Design and
Management) Regulations 2015 (SI 2015/51; “the 2015
Regs”) came into force on 6 April this year, replacing the
2007 regulations. After this introduction, this article
considers:
1.1. What has changed (section B)?
1.2. How might the 2015 Regs now be relevant to
construction disputes (section C)?
2. Why the change? A principal reason for the new
regulations was a perception in the industry that the role
of the ‘CDM coordinator’ was an unnecessary and costly
one. One of the major reforms is to do away with that
role and to share responsibility between the ‘principal
designer’, the ‘principal contractor’ and, indeed, the
client. The changes are immediate1
and significant.
3. Effect of the 2015 Regs. The 2015 Regulations are health
and safety measures. Their main means of enforcement
are the power of the Health and Safety Executive to issue
improvement and enforcement notices in respect of
contraventions,2
and ultimately to prosecute offenders or
impose civil sanctions.3
However, this article focuses on a
more general relevance of the regulations to construction
litigators.
1 Under transitional provisions in Schedule 4: (i) a client on an
existing construction project on which there is no CDM Co-ordinator
appointed must, as soon as practicable after 6 April 2015, appoint a principal
contractor who is to draw up a construction phase plan; and (ii) for projects
where a CDM co-ordinator is appointed, the client must appoint a principal
designer before 6 October 2015 (unless the project comes to an end on or
before that date).
2 Health and Safety at Work Act 1974, ss.21 and 22 respectively.
3 The power to prosecute is contained in Health and Safety at Work
Act 1975, s.33. That provision is specified for the purposes of orders under the
Regulatory Enforcement and Sanctions Act 2008 Pt 3, enabling the imposition
of fixed penalties by way of civil sanction: see s 37, Sch 6
4. Thus, the effect of 2015 Regs will be more widespread,
because:
4.1. Standard of care in common law claims. They are
capable, in an appropriate case, of setting or
affecting the standard of care expected of designers
and contractors in negligence, and other common
law claims, e.g. Re-Source America International Ltd
v. Platt Site Services Ltd (2003) 90 Con LR 139 (TCC).
4.2. Contractual relevance. The common form
construction suites, and common form designer
appointments (e.g. RIBA Standard Agreement 2010),
may impose contractual obligations to comply with
the regulations. By way of example I consider the
JCT Standard Contract below.
4.3. Breach of statutory duty? It is unlikely that this adds
anything because, if an actionable duty exists, the
health and safety purpose of the regulations will
probably limit the scope of duty to personal injury
and property damage (and most recoverable
construction losses will be in the nature of pure
economic loss). C.f. Re-Source America International
Ltd, above, at [26].
5. An example: JCT Standard contract. Consider the JCT
Standard building contract 2011. (An amendment sheet
has been issued by JCT in March 2015,4
which update the
clauses mentioned here.) Under it:
5.1. Generally. the contractor and the employer
undertake to each other to comply with applicable
CDM regulations (cl. 3.23);5
4 http://www.jctltd.co.uk/cdm-amendment-sheets.aspx (accessed
17 June 2015). The amendment sheet must be expressly incorporated,
through the articles of agreement, in order to have effect.
5
The amendment sheet expressly clarifies that compliance by the
contractor with his duties under the regulations, including any such directions
given to him under reg. 15(3), are at no cost to the Employer and without any
entitlement to an extension of time.
The Construction (Design and Management)
Regulations 2015: changes and impact on litigation
Seb Oram
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5.2. The contractor. the contractor is obliged to carry
out and complete the works in compliance with: (i)
the construction phase plan; and (ii) statutory
requirements affecting the works, which would
include the 2015 Regs (cl. 2.1);
5.3. The CDP. the contractor, in respect of the
contractor’s design portion, is obliged to comply
with the CDM designer obligations, now contained
in regs. 8-10 (cl. 2.2.3); and cannot claim an
extension of time or compensation for disruption, to
the extent that the cause of delay to the works is a
failure to comply with those obligations (cl. 2.20.1);
5.4. Completion. a failure to promptly provide, on
request, information required for the health and
safety file, may delay the issue of a completion
certificate (cll. 2.30, 3.23);
5.5. Terms of sub-contract. a sub-contract must provide
that the parties to it undertake to comply with the
2015 Regs (cl. 3.9.2.3).
B. WHAT HAS CHANGED?
6. The old (2007) scheme. The general structure of the old
scheme was as follows:
6.1. General duties, and activity-specific duties. They
imposed general duties, applicable to all duty-
holders, of: competence, cooperation, co-ordination
and prevention (2007 Regs, rr.4-7). In addition,
specific regulations in Part 4 dealt with particular
risks on construction sites (e.g. demolition and
excavation work). Every contractor, and every other
person who controlled construction works, was
obliged to comply with the regulations in Part 4
insofar as they related to matters which were within
his control (2007 Regs, r.25(1)-(2)).
6.2. More extensive duties for ‘notifiable’ projects. A
major division was drawn in the 2007 Regs between
projects that were notifiable and those that were
not. More onerous duties were owed where the
project was notifiable. Broadly speaking, whether or
not a project was notifiable depended on the
anticipated length of the construction phase and,
therefore, its size. A project whose construction
phase was likely to exceed 30 days, or 500 person
days, was notifiable.
6.3. Specific roles and duties for client, designer,
contractor. In all projects (notifiable or not) the
2007 Regs set out prescriptive obligations that
defined the roles of the client, designers and
contractors. In notifiable projects each of those
persons would owe more extensive duties.
6.4. The CDM Co-ordinator and the principal contractor.
These roles were exclusive to notifiable projects.
The CDM Co-ordinator’s role was to give suitable
and sufficient advice to the client in order to comply
with the regulations, and to arrange the
coordination of health and safety measures. The
principal contractor would plan, manage and
monitor the construction phase to ensure that it was
carried out without risk to health and safety.
7. Key changes under 2015 Regs. The general structure of:
general duties and risk-specific duties; and specific roles
for client, designer and contractor; remain in the 2015
Regs. Significant changes are:
7.1. Less importance of ‘notifiable’ status. The
requirement to notify HSE of large projects remains.
But the status of notification has been reduced
almost to insignificance. Projects large and small
carry similar planning and monitoring obligations.
7.2. No longer CDM Co-ordinator. This role has been
passed, in substance, to the principal designer of the
project.
7.3. Client duties extend to domestic (non-commercial)
clients. Under the 2007 Regs a client was defined as
one acting in the course or furtherance of a business.
That is no longer the case. A ‘contractor’ and a
‘designer’ must still be acting in the course or
furtherance of a business. It is important to bear in
mind when considering the duties below that:
7.3.1. a client—but not a domestic client—will be
treated as a contractor if he carries out,
manages or (now) controls construction work;
and
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7.3.2. a client—including a domestic client—will be
treated as a designer if he prepares or modifies
a (structure or system) design, or arranges for
or instructs any person under his control to do
so;
7.3.3. a contractor can also be a designer if he fulfils
that same description.6
The impact of these changes is less marked than
it may seem because, under reg. 7, a domestic
client’s duties, except the duty to appoint a
principal designer and principal contractor, are
to be performed by the contractor.
7.4. The roles of client, designer and contractor have
been re-cast and are less prescribed. The practical
impact is not likely to be significant.
8. It is worth re-capping what a client’s, designer’s and
contractor’s duties now are.
9. Client’s duties. Under the 2015 Regs, the client must:
9.1. where there is more than one contractor, or if it is
reasonably foreseeable that more than one
contractor will be working on a project at any time,
appoint in writing (i) “a designer with control over
the pre-construction phase” as principal designer;
and (ii) a contractor as principal contractor (r.5). If
he fails to do so he must fulfil those duties himself
(r. 5(3)-(4)) unless he is a domestic client. If a
domestic client fails to do so “the [designer
/contractor] in control of the pre-construction
phase” will have those roles thrust upon them (r.
7(2)).
9.2. ensure that, before the construction phase begins, a
construction phase plan is drawn up by the
contractor (if there is only one) or by the principal
contractor (r.4(5));
9.3. make suitable arrangements for managing a
project, including the allocation of sufficient time
and other resources (r. 4(1)); and must ensure that
these arrangements are maintained and reviewed
throughout the project (r.4(3));
6 2015 Regs, r.2(1), ‘client’, ‘contractor’ and ‘designer’.
9.4. provide pre-construction information as soon as is
practicable to every designer and contractor
appointed, or being considered for appointment, to
the project (r.4(4));
9.5. ensure that the principal designer prepares a health
and safety file for the project, which is revised from
time to time (r.4(5)); and must take reasonable steps
to ensure that (a) the principal designer complies
with any other principal designer duties in
regulations 11 and 12; and (b) the principal
contractor complies with any other principal
contractor duties in regulations 12 to 14; and
9.6. where the project is notifiable, give notice in writing
to the HSE in prescribed form before the
construction phase begins (r.6).
10. Designer’s duties. Under the 2015 Regs, a designer:
10.1.must not commence work in relation to a project
unless satisfied that the client is aware of the duties
owed by the client under these Regulations (r.9(1));
10.2.(design out risk) must, when preparing or modifying
a design take into account the ‘general principles of
prevention’ and any pre-construction information to
eliminate (or if that is not possible to reduce or
control through the design process and provide
information about), so far as is reasonably
practicable “foreseeable risks to the health or safety
of any person: (a) carrying out or liable to be
affected by construction work; (b) maintaining or
cleaning a structure; or (c) using a structure
designed as a workplace.” (r.9)
10.3.must take all reasonable steps to provide, with the
design, sufficient information about the design,
construction or maintenance of the structure, to
adequately assist the client, other designers and
contractors to comply with their duties under the
2015 Regulations (r.9(4)).
11. Principal designer, and his duties. Paragraph 9.1 above
outlined how he is appointed (sometimes automatically).
His core obligation is to “plan, manage and monitor the
pre-construction phase and coordinate matters relating
to health and safety during the construction phase to
ensure that, so far as reasonably practicable, the project
is carried out without risks to health and safety” (r. 11(1)).
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There is a specific focus of performing that duty at the
planning and programming stage (r.11(2)). In performing
that duty he owes a similar duty to design out risk (para.
10.2 above), and he must ensure all designers comply
with that obligation (r. 11(4)-(5)).
12. He must assist the principal contractor in preparing the
construction phase plan by providing all information he
holds that is relevant to that phase plan (r.12(3)); and
must prepare a health and safety file appropriate to the
characteristics of the project, ensuring that it is
appropriately reviewed, updated and revised from time
to time (r.12(6)).
13. The principal designer must also: (i) assist the client in
providing pre-construction information to designers and
contractors; (ii) so far as it is within the principal
designer’s control, provide pre-construction information
himself to every designer and contractor (r. 11(6)); and
(iii) liaise with the principal contractor (r. 11(7)).
14. Contractor’s duties. Every contractor (not just the
principal contractor) owes a core duty to “plan, manage
and monitor construction work carried out either by the
contractor or by workers under the contractor’s control, to
ensure that, so far as reasonably practicable, it is carried
out without risks to health and safety” (r. 15(2)). The
more important of his remaining duties are to:
14.1.comply with directions given by the principal
designer or the principal contractor (r. 15(3)(a));
14.2.comply with the parts of the construction phase
plan that are relevant to that contractor’s work on
the project (r. 15(3)(b));
14.3.if there is only one contractor: (i) take account of the
general principles of prevention when phasing and
planning the works; and (ii) draw up a construction
phase plan (or make arrangements for that) (r.
15(4)-(5)); and
14.4.not employ or appoint unskilled or untrained
workers, and must provide each worker under his
control with appropriate supervision, instructions
and information (r. 15(7)-(8)).
15. Principal contractor, and his duties. The principal
contractor must during the pre-construction phase, and
before setting up a construction site, draw up a
construction phase plan (or make arrangements for one
to be) (r.12(1)). The phase plan is a key feature of the
CDM Regulations (see r. 12(2)):
(2) The construction phase plan must set out the health
and safety arrangements and site rules taking account,
where necessary, of the industrial activities taking place
on the construction site and, where applicable, must
include specific measures concerning work which falls
within one or more of the categories set out in Schedule
3.
He must ensure that the plan is appropriately reviewed,
updated and revised throughout the project (r. 12(4)).
16. His key obligations in relation to the works include:
16.1.he must plan, manage and monitor the
construction phase and coordinate matters relating
to health and safety during the construction phase
to ensure that, so far as is reasonably practicable,
construction work is carried out without risks to
health or safety (r. 13(1)). There is, again, a
particular focus on that obligation at the planning
and programming stage (r. 13(2)).
16.2.he must organise cooperation between contractors;
and ensure that employers apply the general
principles of prevention in a consistent manner, and
in particular when complying with activity-specific
risk obligations imposed by Part 4 of the 2015 Regs
(r.13(3));
16.3.he must ensure that employers follow the
construction phase plan (r.13(3)(c));
16.4.he must liaise with the principal designer for the
duration of the principal designer’s appointment
and share with the principal designer information
relevant to planning, management and monitoring
of the pre-construction phase (r.13(5)); and
16.5.he must consult and engage with workers (r. 14).
17. Further, he must provide the principal designer with any
information in his possession relevant to the health and
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safety file, for its inclusion (r.12(7)). If the principal
designer’s appointment concludes before the end of the
project the principal contractor will take over
responsibility for that file and its contents (r.12(8)-(9)).
C. HOW MIGHT THE 2015 REGS NOW BE RELEVANT TO
CONSTRUCTION DISPUTES?
18. Legal bases. Paragraph 4 above considered the bases on
which the 2015 Regs might be relevant to duties of client’,
contractors and designers, and to third parties. This
section briefly considers the nature of the disputes in
which a breach of the 2015 Regs is likely to have most
relevance.
19. Activity-specific risks. The 2015 Regs continue to impose
activity-specific duties for particular operations. Under
reg. 16:
(2) A contractor carrying out construction work must
comply with the requirements of this Part so far as
they affect the contractor or any worker under the
control of the contractor or relate to matters within
the contractor’s control.
(3) A domestic7
client who controls the way in which any
construction work is carried out by a person at work
must comply with the requirements of this Part so far
as they relate to matters within the client’s control.
20. What is ‘control’? Under previous regulations the test of
control was considered to be fact-sensitive. The requisite
level of control needed for a duty to arise was linked to
the way in which the construction contract was in fact
carried out; the duty was confined to construction work
within the individual duty-holder’s actual control: McCook
v. Lobo [2003] ICR 89 (CA), at [16]. We consider that the
same test is likely to apply under the wording of the 2015
Regs.
7 The wording of reg. 16 is a little deceptive because it refers only to
‘domestic’ clients. But that is because a non-domestic client is likely to be a
‘contractor’: see para. 7.3 above. Recall that contractor status is accorded to
anyone who “carries out, manages or controls construction work”.
21. Given the focus of the regulations on health and safety,
and preventing accidents, their most fruitful application
has tended to be where a construction activity has gone
wrong, causing physical damage to the employer’s or to
third party’s (for example, neighbouring owners’)
property. It is worth recalling a number of specific activity
risks covered in Part 4:
21.1.demolition and dismantling (r. 20);
21.2.explosives (r.21);
21.3.excavations (r.22);
21.4.fire or explosion; and flooding risks (r.29).
18 June 2015
This article intends to state the law at the date indicated
above. Although every effort is made to ensure accuracy,
this article is not a substitute for legal advice.
Seb Oram, Barrister
Year of Call: 2007
Seb’s clerk: Stephen Evers
Tel: 020 7583 8055