Building Contract Claims

David Chappell BA(Hons Arch), MA(Arch), MA(Law), PhD, RIBA has 45 years' experience in the construction industry, having worked as an architect in public and private sectors, as contracts administrator for a building contractor, as a lecturer in construction law and contract procedures and for the last fifteen years as a construction contract consultant. He is currently the Director of David Chappell Consultancy Limited and frequently acts as an adjudicator. He is Senior Research Fellow and Professor in Architectural Practice and Management Research at the Queen's University, Belfast. He was appointed Visiting Professor in Practice Management and Law at the University of Central England in Birmingham from 1 March 2003. David Chappell is the author of many articles and books for the construction industry. He is one of the RIBA Specialist Advisors and lectures widely. Vincent Powell-Smith LLM, DLitt, FCIArb was a practising arbitrator and formerly Professor of Law at the University of Malaya and the International Islamic University, Malaysia. He was author of many books on construction law. John Sims FRICS, FCIArb, MAE, FRSA is a chartered quantity surveyor now practising as a consultant, arbitrator, adjudicator and mediator in construction disputes. He is author of a number of books on building contracts and arbitration.

PART 1. 1 Introduction. 1.1 Structure of the book. 1.2 Definitions. 1.3 The basis of claims. 1.4 Architect's and Contract Administrator's powers and liability to the contractor. 1.5 Quantity surveyor's powers. 2 Time. 2.1 Time of the essence. 2.2 Time at large. 2.3 Extension of time clauses in contracts. 2.4 Concurrency. 2.5 Acceleration. 2.6 Sectional completion. 2.7 The SCL extension of time protocol. 3 Liquidated damages. 3.1 The meaning and purpose of liquidated damages. 3.2 Liquidated damages or penalty. 3.3 Liquidated damages as limitation of liability. 3.4 Sums greater than a genuine pre-estimate. 3.5 Liquidated damages as an exhaustive remedy. 3.6 Injunction. 3.7 Liquidated damages in relation to loss. 3.8 Where there is no breach of contract. 3.9 Calculation of liquidated damages. 3.10 Maximum recovery if sum is a penalty. 3.11 Maximum recovery if liquidated damages do not apply. 3.12 Bonus clauses. 4 Basis for common law claims. 4.1 General. 4.2 Implied terms in building contracts. 4.3 Variation of contract. 4.4 Omission of work to give it to others. 4.5 Extra work. 4.6 Possession of site. 4.7 Site conditions. 5 Direct loss and/or expense. 5.1 Introduction. 5.2 Direct v indirect. 6 Potential heads of claim. 6.1 Basic principles. 6.2 Two basic claims situations. 6.3 Foreshortened programme. 6.4 The 'knock-on' effect. 6.5 The more common heads of loss. 6.6 Cost of a claim. 7 Causation. 7.1 Theory. 7.2 Use of networks. 7.3 Float. 8 The global approach. 9 Substantiation of claims. 9.1 Principles. 9.2 Nature of supporting evidence. 9.3 'Scott Schedule'. PART 2. 10 Extension of time under JCT standard form contracts. 10.1 Extension of time position under JCT 98. 10.2 Extension of time position under IFC 98. 10.3 Extension of time position under MW 98. 10.4 Extension of time position under WCD 98. 10.5 Extension of time position under PCC 98. 10.6 Extension of time position under MC 98. 10.7 Extension of time position under TC/C 02. 10.8 Extension of time position under MPF 03. 11 Liquidated damages under JCT standard form contracts. 11.1 Liquidated damages position under JCT 98. 11.2 Liquidated damages position under IFC 98. 11.3 Liquidated damages position under MW 98. 11.4 Liquidated damages position under WCD 98. 11.5 Liquidated damages position under PCC 98. 11.6 Liquidated damages position under MC 98. 11.7 Liquidated damages position under TC/C 02. 11.8 Liquidated damages position under MPF 03. 12 Loss and/or expense under JCT standard form contracts. 12.1 Introduction. 12.2 Under JCT 98. 12.3 Under JCT IFC 98. 12.4 Under JCT MW 98. 12.5 Under JCT WCD 98. 12.6 Under JCT PCC 98. 12.7 Under JCT MC 98. 12.8 Under JCT TC/C 02. 12.9 Under JCT MPF 03. 13 Variations. 13.1 Introduction. 13.2 The baseline. 13.3 Bills of quantities. 13.4 Functions of the architect and the quantity surveyor. 13.5 Variations position under JCT 98. 13.6 Variations position under IFC 98. 13.7 Variations position under MW 98. 13.8 Variations position under WCD 98. 13.9 Variations position under PCC 98. 13.10 Variations position under MC 98. 13.11 Variations position under TC/C 02. 13.12 Variations position under MPF 03. PART 3. 14 Claims under GC/Works/1 (1998). 14.1 Introduction. 14.2 Valuation of instructions. 14.3 Prolongation and disruption. 14.4 Extension of time and liquidated damages. 15 Variations and claims under ACA 3. 15.1 Introduction. 15.2 Monetary claims under ACA 3. 15.3 Architect's instructions. 15.4 Extension of time and liquidated damages. 15.5 Claims on the final certificate. 16 Claims under NEC. 16.1 Introduction. 16.2 Compensation events. 16.3 Delay damages. 17 Sub-contract claims. 17.1 Introduction. 17.2 Nominated sub-contract form NSC/C. 17.3 Domestic sub-contract form DSC. 17.4 Sub-contract conditions for sub-contractors named under IFC 98 (NAM/SC). 17.5 The IN/SC form of domestic sub-contract for use with IFC 98. 17.6 The Works Contract/2 for use with MC 98. 17.7 The ACA form of sub-contract. Appendix A: Example of build up of contractor's entitlement to reimbursement of direct loss and/or expense under JCT 98, clause 26. Appendix B: Extension of time and money claims under DOM/1. Table of cases. Table of standard form contract clauses. Index