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Dealing with Delay and Disruption on Construction Projects

Building for the future amidst uncertainty

Complex and cutting-edge construction projects are often at risk of productivity and cash-flow issues even in a normal operating environment, so the risk of claims is significantly higher when the likelihood or necessity of delay or disruption is increased.

With the world facing the unprecedented circumstances brought about by the COVID-19 pandemic,the collective response of governments has already had significant implications for the construction sector with supply chains in disarray and cash-flow issues on the increase generally.

With decades of collective experience in construction law around the globe, our expert lawyers have collaborated with leading legal publisher Sweet and Maxwell (and renowned experts) to author Dealing with Delay and Disruption in Constructions Projects. This comprehensive guide on how to manage delay and disruption to capital-intensive construction projects draws on our decades of expertise in this area at a time when it’s most valuable.

The report offers useful context and insight from both a legal and technical perspective at every stage of a project’s life-cycle, touching on 12 jurisdictions (Australia, Brazil*, China, England and Wales, France, Germany, Japan, Russia, Singapore, Switzerland, UAE, and US).

In it, you’ll get a concise and compelling overview of:

  • how to manage delay and disruption on projects, how to plan for them and what to look out for when making claims;
  • how to plan for delay and disruption during the procurement and how these topics are addressed in standard form contracts, including JCT, NEC and FIDIC;
  • the concepts of delay and disruption and the process of structuring claims, including discussion of extension of time (EOT) and concurrent delay;
  • delay methodologies and how compensation for prolongation is addressed, as well as quantification principles;
  • valuation methodologies and principals, as well as acceleration entitlement;
  • disruption causation principles and quantification principles;
  • disruption methodologies of causation and quantification;
  • how to deal with delay & disruption subcontract claims, and employer claims, including liquidated damages
  • setting out the common procedural requirements for advancing delay and disruption claims;
  • how BIM and 4D animation can be used in presenting delay and disruption claims and analyses the tools needed to present a delay or disruption case at arbitration;
  • the issues that should be considered during contract negotiations such that disputes over delay and disruption can be avoided; and
  • practical guidance on project management.

To learn more about how can manage your risks and keep your projects on track, contact one of our contributing authors below or for purchasing information, click here.

*We thank the law firm of Mattos Filho for its contribution.

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