In light of Ryan Turner’s Society of Construction Law paper (Turner, Ryan. 210, May 2018, Hanging by a slender thread: Design obligations in construction contracts following MT Højgaard v E.ON) ,[1] and following the Supreme Court judgment,[2] this article will reflect upon English Law and the design obligations of construction contractors in both design-build […]
Gantt Charts and ‘all that’.. We have been using a new software trial for AI planning and scheduling in constructiondisputes.ie. And it’s good. (We can’t say the name of the software, though …sorry) We first started out using Asta Powerproject version 4. This was back in the nineties during my mentorship. And in fairness, it […]
This Blog will delve into ‘Good Faith’ in construction. Clause 4 of the Irish Public Works Contract (PWC) imposes obligations upon the Employer’s Representative, with reciprocal cooperation being the most important for all parties, being the Employer, ER and the Contractor, ‘forming a triumvirate of prime importance’[1]. Clause 4 of the PWC also explicitly mandates […]
Once upon a time, on an international project (but I can’t disclose its location), I was involved in a dispute regarding a $ 60,000,000 claim by a contractor, which stated that it had been delayed due to unforeseen circumstances. The circumstances surrounding the commissioning of a Combined Heat and Power (CHP) system powered by a […]
The ‘New Engineering Contract’ first came into being in 1991. Today, the NEC 4 contract is actively utilised across various transport projects globally. In Ireland, it is being deployed on the exciting Metrolink project. The Irish Public Works Contract itself is a unique animal. It is not used internationally. It is a suite of standard […]
Construction Law is made up of various statutory and common law definitions. For example, the English Housing Grants and Construction Regeneration Act of 1996 defines a construction contract and construction operations. However, it distinguishes contracts for works and services from contracts for supplies. In Julian Bailey’s book ‘Construction Law Volume 1’ he states ‘It may […]
The Housing Grants, Construction and Regeneration Act 1996 (HGCRA) came into force on 1 May 1998. This Act implemented recommendations regarding Adjudication for the English construction industry as set out in the Latham Report[1]. The recommendations from the Latham report aimed to resolve project disputes quickly, allow projects to continue without delay and facilitate cash […]
Introduction This appeal was by an appellant architecture company (Adam) in litigation concerning its entitlement to fee recovery following the termination of its engagement with a developer (Halsbury) under the RIBA[1] form of contract. This standard form of contract provides for interim payments, payment notices and pay-less notices, but is not particularly clear on the […]
In most construction disputes involving an Extension of Time, Computer technology has played a vital role in modern construction projects and disputes, providing a more efficient way to identify the reasons behind project delays and calculate their effects on subsequent work performance. The traditional manual and paper-driven approach has been replaced by computer technology, making […]
When preparing a claim for an extension of time, the party making the claim bears the responsibility to provide proof. The claimant must identify the events that caused the delays and explain how these events affected the timeline for achieving practical or substantial completion. Delays may arise from contract variations issued by the employer or […]