Delay and Disruption in Construction Contracts

Edited by Andrew Burr

Document

Page 1277

Index

Acceleration
- breach of contract 12–002
- constructive see Constructive acceleration
- costs 11–090
- culpable delay, and 11–031
- design programmes 2–106
- effect 11–087
- entitlement to extension of time, and 11–072
- estimates of cost 11–087
- failure to accelerate 12–008–12–209
  - breach of obligation 12–011, 12–013
  - causation 12–197, 12–201
  - compensation 12–008
  - completion on time 12–012, 12–014
  - culpable delay 12–014, 12–020, 12–041, 12–051, 12–052
  - demurrage claims 12–206
  - foreseeable delay 12–033
  - foreseeable losses 12–188, 12–190
  - identification of loss 12–195, 12–205
  - instructed acceleration 12–071
  - instructions to recover 12–041, 12–051, 12–053–12–057
  - limitation on liability 12–204
  - liquidated damages 12–049, 12–050, 12–057, 12–065, 12–116, 12–118, 12–123, 12–125, 12–126, 12–127, 12–132, 12–134, 12–135
  - redress 12–074, 12–096
  - termination of contract 12–207–12–209
- instructed 12–071, 12–077, 12–130
- lost productivity, and 18–043–18–049
- meaning 12–015–12–018
- methods 12–136–12–186
  - changing sequence of activities 12–149–12–155
  - increasing motivation 12–164
  - increasing resources 12–165–12–167
  - increasing working time 12–168–12–186
  - logic changes 12–156–12–161
  - omissions 12–144–12–148
  - using different method of working 12–162–12–163
- power to instruct 12–041, 12–053, 12–068
- programme of 4–208
- standard form provisions 12–021–12–092
Access 4–163–4–169
Act of God 4–055, 4–058, 4–069
Activity coding 8–230
Activity durations 8–125–8–141
Acts and/or omissions of developer 4–028–4–036
Acts of State 2–153
Acts of third parties 4–172–4–187
- consents 4–176
- developer, and 2–011
- government acts 4–172
- persons employed by developer 2–065
- statutory undertaker 4–173, 4–175
Acts or omissions of third parties
- causation, and 4–173
Additional work
- guidelines 13–016
Adjudication 25–022–25–028
- final and binding 25–029
Adjudication in United Kingdom 26–001–26–063
- complex decisions 26–003, 26–007–26–022
- costs 26–004, 26–023–26–037, 26–063
- definition of construction contract 26–005, 26–038–26–044
- human rights aspects 26–003, 26–007–26–022
- interest 26–004, 26–023–26–037
- limitation periods 26–002
- recovering costs 26–063
- residential occupiers 26–045–26–047
- sequential 26–006, 26–048–26–062
- single disputes 26–006, 26–048–26–062
Adverse weather
- lost productivity, and 18–056–18–061
Alliancing 3–063–3–066
Alternative dispute resolution 25–003, 27–033, 31–007
Page 1278

Ambiguities 13–110–13–135
American law
- equitable adjustment 1–015
Antiquities 4–263–4–265
Apportionment 21–001–21–073
- A/B estimates approach 21–058–21–061
- balance of evidence 21–005
- burden of proof approach 21–042
- but-for test 21–005
- case law 21–003
- causation 21–001–21–007
- City Inn approach 21–068–21–070
- common law 21–009–21–010
- compensation, and 21–010–21–012
- delay to completion 21–013–21–031
- delta estimates approach 21–062
- Devlin approach 21–043–21–045
- dominant cause approach 21–005, 21–046–21–053
- jury verdict approach 21–054–21–055
- logical processes 21–005
- loss and/or expense 21–032–21–036
- methods of apportionment of loss or expense 21–037–21–073
- modified global claim approach 21–056
- modified total cost approach 21–065
- nature of 21–004
- net effect approach 21–071–21–073
- prolongation issues, and 21–006
- tortious solution 21–040–21–041
Approval of programmes 9–001–9–089
Approximate bills
- build-only contracts 3–024
- design risks, and 2–112
Arbitration 25–030–25–034
Arrow diagram 9–035–9–040
Artificial obstructions 4–156
As-built programme 8–058
- forensic programme analysis 16–001–16–163
As-built impacted
- analytical method 16–060–16–148
As-planned updated versus as-planned updated analytical method 16–068–16–075
As-planned versus as-built 15–201–15–209
- analytical method 16–060–16–067
Assessor
- discretion of court, and 24–040
Bar chart 9–007–9–017, 10–122–10–126, 15–193–15–200
- advantages 9–014
- disadvantages 9–015
- extension of time, and 7–064–7–067
- meaning 8–209, 17–002
- monitoring 10–122–10–126
Baseline programme 8–028–8–037
Best endeavours
- meaning 12–026–12–030
Biddability risk 2–117–2–128
- bills of quantities 2–126
- claims conditions 2–123
- greenfield sites 2–120
- itemised bills of quantities 2–126
- lowest tendering contractor 2–122
- manifest error 2–125
- nature of 2–040
- precision in communication 2–124
- predetermined cost and time effect of variations 2–127
- preparation of tender documentation 2–121
- price, and 2–024
Bill of quantities 13–075–13–109
- additional work by way of increased quantities 13–105
- compensation for prolongation 13–116
- drawings 13–017
- importance of 13–077
- incorporation as contract document 13–083
- lump sum, and 13–078
- precedence of 13–075, 13–089
- purpose 13–076
- re-measurement of quantities 13–081
- rules of measurement 13–093
BIM 14–078–14–086
- acronym 14–071
- case law 14–115–14–116
- case studies 14–094–14–095
- collaboration 14–084–14–085
- communication of information 14–113–14–114
- conventional practice, and 14–074–14–077
- Cookham Wood 14–096–14–112
- definition 14–072–14–073
- future projects 14–100
- investment 14–090–14–091
- key documents 14–093
- legal, contractual and insurance issues 14–086
- levels of maturity 14–078–14–079
- overcoming barriers 14–092
- perceived barriers against adoption 14–083
- perceived benefits 14–081–14–082
- retrieval of information 14–111–14–112
- significance 14–080
- standard forms of contract 14–101–14–106
- UK and management of information 14–078
- what is arguably not 14–080
Black Monday 2–149
Bricklaying
- calculating duration 8–147
Build-only contracts 3–019–3–032
- Page 1279
  
  approximate bills 3–024
- delay, causes of 3–025
- information, supply of 3–027–3–029
- linear approach 3–022
- project manager 3–020
- re-measurement 3–031
- unforced errors or omissions 3–026
- variations 3–021
Buildability risk 2–113–2–116
- drawing board 2–114
- meaning 2–113
- sequencing problems 2–115
Building control 2–193–2–196
- economic loss 2–195–2–196
- umbrella compensatory provisions 2–194
Building Information Modelling (BIM) 14–067–14–119 see also BIM
Business efficacy
- implied terms, and 2–082, 2–084
Calculating durations 8–142–8–162
- bricklaying 8–147
Calculating time-related compensation 11–089
Cascade diagram 9–045–9–046
Cash flow monitoring 10–105–10–109
Catastrophes
- delay 4–259–2–262
- force majeure 4–259
- specified perils 4–261
Causation 15–021–15–147
- acts or omissions of third parties 15–054–15–062
- as-planned versus as-built 16–060–16–067
- bar charts 15–193–15–200
- collapsing technique 15–210–15–215
- completion delayed 15–128–15–137
- completion likely to be delayed 15–120–15–127
- completion likely to be or has been delayed 15–123–15–127
- contemporaneous analysis 15–018, 15–122
- delay to completion of works 15–085–15–15–107
- delay to progress of works 15–063–15–073
- developer’s acts or omissions 15–039–15–053
- expenditure of prime cost and provisional sums 15–033–15–038
- factual materials available 15–143–15–147
- failure to perform 15–077–15–084
- inference 15–166–15–219 see also Inference of causation
- instructed changes 15–027
- instructed variations 15–027–15–030
- matters to be identified 15–029
- occurrences 15–060–15–061
- primary 15–025–15–032
- proof of 15–108–15–165
- proportionality 15–148–15–165
- retrospective delay analysis 15–019–15–020
- secondary 15–063–15–073
- smoke and mirrors 15–220–15–231
- subject-matter of proof 15–138–15–142
- suspension of works 15–074–15–076
- terms of contract 15–112–15–119
- tertiary 15–085–15–107
- three-part chain 15–021–15–107
- visualisations 15–216–15–219
- voluntary or implied variations 15–027
- whatever is fair and reasonable 15–133–15–137
Cause and effect matrix 15–174–15–179
CDBs 27–040
Change 13–001–13–199 see also Variation
- bill of quantities, and 13–075–13–109
- constructive see Constructive change
- definition 13–056–13–057
- instruction to make 13–006
- no express authority, where 13–010–13–014
- standard form provisions 13–030–13–157
Change control 14–026–14–041
- clear factual evidence, need for 14–033
Change management 11–045–11–070
- definitions 11–049
- effects of change see also Managing effect of change
  - acceleration 11–085–11–088
  - ad hoc changes 11–078
  - change order procedure 11–077
  - changed resources 11–072
  - design changes 11–076
  - disruption 11–074
  - extensions of time 11–018, 11–020
  - need for instructions 11–075
  - sequence of works 11–020
  - significance of change 11–073
  - tenders, and 11–031–11–033
  - variation 11–072, 11–077
- electronic submittals 11–056–11–057
- key dates 11–059–11–060
- management information structure 11–048
- programme 11–050–11–055
- progress records 11–058
- relationships 11–061–11–070
- roles 11–061–11–070
- supplements 11–045–11–070
  - conditions 11–047
  - definitions 11–049
  - Page 1280
    
    publication 11–059
  - standard forms of contract 11–056
  - suitability 11–046
Change order procedure 4–109
CIOB
- working group 11–031
CIOB Complex Projects Contract
- costs and time management 5–059–5–100
- risk management 5–091–5–098
CIOB Contracts for Use with Complex Projects (CPC 2013) 3–009–3–015 see also CPC 2013
Circumstances beyond control 4–042–4–051
Civil commotion 4–240–4–252
Claim preparation 24–019–24–022
Claims consultants 24–026–24–027
Classification of change 4–011–4–027
- assumption of risk of change 4–024
- cause beyond control 4–012
- “causes” of delay 4–021
- drafting technique 4–022
- extension of time 4–005–4–008
- notice of event 4–036
- phraseology 4–012
- risks, definition 4–005
- standard forms 4–028
- sub-groups 4–014
- sweeping-up clause 4–011–4–012
Collapsed as-built
- analytical method 16–060–16–162
Commercial risk allocation
- implied terms, and 2–085
Compensation see Damages
Compensation conditional upon notice 6–151–6–165
Complex projects characteristics 3–004
Complex projects
- risk 5–091–5–098
Computer generated evidence 14–183–14–189
Computer software 10–007
Computerised database 14–045–14–046
Computerised simulation
- risk, and 2–061
Computers
- critical path method, and 8–068
Conciliation 25–012–25–015 see also Dispute Resolution, Mediation
- bespoke contracts 25–013
- conciliators 25–012–25–015
- dispute review boards 25–014
Concurrency 19–001–19–139
- application of theory 19–007
- concurrent delays to completion 19–066–19–079
- delay to progress, and 19–015–19–065
- distinguishing concurrent and pacing delays to progress 19–024
- distinguishing concurrent and parallel delays 19–018–19–022
- distinguishing concurrent and sequential delays 19–023
- distinguishing delay and financial loss 19–035–19–038
- distinguishing delay to progress from delay to completion 19–015–19–016
- distinguishing primary, secondary and tertiary causation 19–017
- distinguishing timing of primary cases 19–025–19–028
- entitlement 19–014
- extensions of time, and 19–066–19–101
- inconsistency in treatment of issues 19–012
- legal concepts of relief and compensation 19–029–19–034
- meaning 19–001
- pacing, and 19–024, 19–121–19–139
- parallel causes of delay to completion 19–096–19–101
- parallel delays to progress 19–059–19–065
- parties 19–013
- prolongation, and 19–100–19–120 see also Prolongation
- sequential causes of delay to completion 19–080–19–095
- sequential delays to progress 19–044–19–058
Consequential changes 13–198–13–199
Constructing Excellence 1–005
Construction industry
- decrease in output 18–063
Construction management contracts 3–039–3–049
- advantages 3–043
- construction manager 3–039
- difficulties 3–037
- flexibility 3–043, 3–048
- Holyrood Enquiry 3–049
- liquidated damages 3–042
- programme 3–041, 3–045
- status of contractors 3–040
Construction records 14–001–14–273
Constructive acceleration 12–093–12–136
- compensation for 12–117
- conduct requiring 12–110–12–121
  - demands to accelerate 12–119
  - extensions of time 12–113, 12–119
  - implied instructions 12–112
  - required elements 12–110
- initiation of grounds for 12–104–12–109
- legal doctrine, as 12–095–12–103
- mechanics 12–122
Page 1281

Construction risk 2–129–2–145
- additional work 2–130
- groundworks 2–132
- sub-contractors 2–149–2–150
- weather 2–144–2–145
Constructive change 13–158–13–199
- alternative materials 13–190
- avoiding disputes 13–180
- consequential changes 13–198–13–199
- essence of claim 13–161
- estoppel, and 13–171–13–172
- implied changes, and 13–164
- quality 13–181–13–191
- quality or quantity 13–048
- quantity 13–192–13–197
- reasonable satisfaction 13–061
- treated as variation 13–176
- variations in writing 13–167
- waiver, and 13–171
Constructive notice 6–030–6–032
Consumer Insurance (Disclosure and Representation) Act 2012 2–167–2–168
Contingency
- project planning and programming 2–051–2–063
Contingency planning 17–005
Contra proferentem rule
- notice as condition precedent, and 6–110–6–165
Contract administrator 1–022
Contract programme 10–016
Cookham Wood
- BIM, and 14–096–14–099
Cost and time management
- CIOB Complex Projects Contract 5–059–5–100
- JCT Major Projects Contract 5–059–5–100
Cost management 5–101–5–103
Cost monitoring 10–110–10–114
Costs 24–009–24–022
- claims presentation, and 24–011
- computer-managed documents 24–016
- disclosure, and 24–014
- dispute risk and 24–027
- open-book document management system 24–017
Count the squares chart monitoring 10–127–10–134
Counterclaim 25–056–25–060
- defence to 25–061–25–062
- reply 25–061–25–062
CPC 2013 3–009
- collaboration and transparency 3–011
- contract documents 3–010
- dispute resolution 3–015
- project time manager 3–010
- suitability for use 3–009
CPM programming 8–077–8–078, 8–083
Critical path 1–027–1–032
- extension of time, and 6–081
Critical Path Method 8–068–8–0848
- computers, and 8–082
- definition 8–068
- development 8–080
- form of programme 8–075
- more than one 8–074
- practical effects 8–115
- programme logic 8–074
- purposes 8–070–8–072
- resource requirements 8–079
- retrospective delay analysis 8–077
DABs 27–039, 27–042–27–044
Damage caused by carrying out works 4–254–4–258
- insurance, and 4–256–257
Damages 22–001–22–290
- burden of proof 22–162
- compensation, entitlement to 22–013–22–039
- contractor has actually suffered loss or expense 22–172–22–173
- direct labour costs 22–042–22–052
- direct loss or expense 22–172–22–183
- Eichleay formula 22–184–22–186
- Emden formula 22–188
- exclusion clauses 22–263–22–290
- financing costs 22–119–22–137
- formula adjustments 22–159–22–290
- four-phase analysis 22–008
- goods and materials 22–074–22–078
- Hadley v Baxendale, rule in 22–003, 22–005, 22–007, 22–123
- head office costs 22–111–22–116
- Hudson formula 22–187
- insurances 22–117–22–118
- Lilley Ames Co v United States 22–189
- liquidated see Liquidated damages
- loss of future profits 22–140–22–145
- loss of productivity 22–089–22–097
- loss or expense not recovered elsewhere 22–174
- loss or expense remained unabsorbed 22–175
- management costs 22–068–22–073
- non-productive overtime 22–053–22–057
- plant and equipment 22–079–22–088
- potential heads of claim 22–040–22–158
- preliminaries 22–100–22–110
- profit on costs 22–138–22–139
- propositions 22–004, 22–232
- quantifying predictive loss 22–246–22–290
- Page 1282
  
  quantum meruit 22–191–22–222 see also Quantum meruit
- resort to formula approach 22–176–22–183
- staff costs 22–058–22–067
- temporary works 22–098–22–009
- time-related costs 22–021, 22–027
- unabsorbed overheads 22–146–22–158
- work-related costs 22–027
Database records 14–172–14–182
Databases 14–215–14–233
- drawings 14–223
- sorting evidence on 14–215–14–233
- text 14–215–14–217, 14–219, 14–222–14–224, 14–230
DBs 27–001–27–092
- ad hoc 27–029–27–038
- advantages 27–017–27–028
- context 27–005–27–016
- costs 27–078–27–084
- enforcement of decisions 27–070–27–075
- independence of members 27–051–27–055
- international developments 27–085–27–092
- national developments 27–085–27–092
- operations 27–056–27–069
- rules 27–045–27–050
- standing 27–029–27–038
- use of 27–007, 27–015
Decennial liability
- mandatory laws 28–001–28–028
Defence, statement of 25–053
Defined provisional sums 13–101–13–103
Delay
- adverse effect 1–032
- advice as to cause of delay 6–010
- analysis, nature of 7–063
- apportionment 21–013–21–031
- build-only contracts 4–090
- catastrophes 4–259–4–262
- causation
  - completion delayed 15–085–15–107, 15–120–15–137
  - completion likely to be delayed 15–120–15–127
  - completion likely to be or has been delayed 15–123–15–127
  - progress of works 15–063–15–073
- “causes” of delay 19–080–19–101
- comparative term, as 1–031
- completion 1–001
- concurrent
  - completion, to 19–080–19–090
  - distinguishing concurrent and pacing delays to progress 19–024
  - distinguishing concurrent and parallel delays 19–018–19–022
  - distinguishing concurrent and sequential delays 119–023
  - distinguishing delay and financial loss 19–035–19–038
  - distinguishing delay to progress from delay to completion 19–012
  - parallel causes of delay to completion 19–096–19–101
  - parallel delays to progress 19–059–19–065
  - progress, and 19–015–19–016, 19–024, 19–039–19–065
  - SCL Protocol 11–014–11–044
  - sequential causes of delay to completion 19–080–19–095
  - sequential delays to progress 19–044–119–058
- culpable delay 7–100 7–105
- extensions of time
  - critical delay to the work 7–030
  - delay actually occurred 7–036–7–038
  - delay to progress 7–002–7–013
- developer’s time risk event occurring in period of culpable delay to completion date 7–100–7–105
  - likely and actual delay to completion date 7–031–7–043
  - relevant delay 7–042
- facts of delay 14–191–14–233
- forecasting delay 11–005–11–013
- managing effects of delay 11–016
- meanings 1–029–1–031
- nominated sub-contractors and suppliers’ delay 4–188–4–202
- receiving instructions, in 4–203–4–230
  - acceleration of programme, and 5–096
  - C behind programme 4–207
  - contract completion date, and 7–112, 7–114
  - having regard to completion date 4–123
  - instructions to suit contractor’s advanced programme 4–208
  - specific request for information 4–204–4–220
- retrospective analysis 7–037, 14–194–14–201
- standard clauses of delay 4–028–4–265
- standard form provisions, meaning of delay 2–027
Design
- meaning 13–070
Design and build contracts 3–033–3–038
- cost control 3–035
- developer’s requirements 3–046
- risk, and 3–042, 3–049
Design risk 2–099–2–112
- accelerated design programmes 2–106
- approximate bills 2–112
- errors 2–101
- Page 1283
  
  fitness for purpose 2–100
- freezing design at scheme design stage 2–108
- key concepts 2–100
- M&E engineering consultants 2–107
- needs of client 2–103
- post-contract design 2–109–2–111
- reappraisal of design 2–110
- reasonable skill and care 2–100
- relevant factors 2–102
- remedial work 2–104
Detailed plan 8–024
Developer’s acts or omissions
- causation, and 15–039–15–053
- quantum meruit, and 22–191–22–222
Development control 2–197
Development programme 8–038–8–042
Diligently
- meaning 12–011–12–013
Dilution of supervision
- lost productivity, and 18–029–18–084
Direct labour costs
- damages, and 22–042–22–052
Disclosure 14–234–14–273
- costs, and 24–014–24–017
- electronic documents 14–051–14–066
- experts’ documents 14–262–14–263
- failure to disclose 14–245–14–249
- privileged communications 14–264–14–273
- purpose 14–234
- standard 14–236
Discovery 14–234–14–273
Discrepancies 13–110–13–135
Dispute boards 27–001–27–092 see also DBs
Dispute resolution 25–001–25–075 see also Conciliation, Mediation
- adjudication 25–022–25–028
- arbitration 25–030–25–034
- choice of method 25–002
- differences 25–009
- expert determination 25–016–25–021
- final and binding 25–029
- informal methods 25–002
- litigation, and 25–035–20–038
- non-binding 25–005–25–006
- procedures 25–038
Dispute risk 2–090–2–098
- costs, and 2–091
- inadequate legal knowledge, and 2–095
- Multiplex 2–091
- natural justice, and 2–098
- reduction of 2–092
- unread conditions of contract 2–096
Disruption
- meaning 1–033, 18–002–18–003
Divergences 13–110–13–135
Document management systems 14–224
Documentary evidence 14–168–14–171
DRBs 27–039–27–044
Duress 24–064–24–073
Early completion
- programme preparation, and 8–068–8–162
Early warnings 6–003–6–007
Earned value monitoring 10–115–10–117
Economic duress 24–064–24–073
EDI agreement 14–055–14–061
Editing standard forms 2–080
Egress 4–163–4–169
Eichleay formula 22–184–22–186
Electronic data exchange 14–051–14–066
- technologies 14–052
Electronic documents
- disclosure 14–252–14–261
Emden formula 22–188
Equitable adjustment 1–015
Errors
- lost productivity, and 18–050–18–052
Errors in contract documents 4–081–4–102
Evidence 14–160–14–233
- computer generated 14–183–14–189
- database records 14–172–14–182
- documentary 14–168–14–171
- facts of delay 14–191–14–233
- manual sorting of 14–202–14–205
- multi-volume collections 14–206–14–207
- oral 14–161–14–167
- presentation 14–160–14–189
- retrospective assembly 14–194–14–201
- single-volume tagged collections 14–208–144–214
- sorting on databases 14–215–14–233
- strength of records 14–190
Excepted risks 2–155–2–157
Exceptionally inclement weather 4–123, 4–127–4–128
Exclusion clauses
- damages, and 22–263–22–290
Expert determination 25–016–25–021
Expert opinion
- lost productivity, and 18–156–18–158
Experts 24–028–24–055
- contracting technical advice 22–039
- duties 24–035, 24–044, 24–046
- independence 24–042
- joint statement 24–050
- meetings without prejudice 24–051
- need of tribunal, and 24–036
- reports 24–030–24–037
- research, and 24–049
- Page 1284
  
  task of 22–041
- two reports 22–037
Experts’ documents
- disclosure 14–262–14–263
Extended working hours
- lost productivity, and 18–063–18–066
Extensions of time 7–001–7–172
- bar chart 7–064–7–067
- calculating entitlement 15–104
- change management, and 11–045–11–070
- coldly logical approach 7–046, 7–057
- concurrency, and see Concurrency
- conditional upon notice 6–110–6–165
- conduct requiring 12–110–12–121
- consequences 7–028–7–029
- constructive change 7–059
- contract administrator, role of 7–014–7–030
- critical delay to the work 7–030
- delay actually occurred 7–036–7–038
- delay to progress 7–031–7–043
- developer’s time risk event occurring in period of culpable delay to completion date 7–100–7–105
- fair and reasonable 7–020–7–030, 7–056
- forming opinion 7–044–7–068
  - critical path, and 7–051–7–054
  - factual matrix 7–049
  - reasoned manner 7–046
- holiday period 7–003–7–005
- inoperable power 7–134–7–172
  - assessing reasonable time to complete 7–142–7–157
  - no completion date under contract 7–163–7–167
  - no contract, where 7–158–7–163
  - stipulated contract period 7–168–7–172
- likely and actual delay to completion date 7–031–7–105
- logical analysis 7–056, 7–061, 7–063, 7–066
- measurement of interim extensions of time 11–018
- negotiating award 7–069–7–074
- no power, where 7–130–7–133
- original planned programme, and 7–018
- purpose 7–001
- relevant delay 7–042
- restricted working calendars 7–006
- reviewing award 7–088–7–099
- rules of measurement, and 7–060
- time risk event 7–100–7–105
- timing of award 7–075–7–087
Facts of delay 14–191–14–233
Failure to pay 4–037–4–041
Failure to perform
- causation, and 15–077–15–084
Familiarisation
- planning, and 8–021
Financial risk 2–146–2–151
- committing resources 2–147
- inflation 2–151
- investment decision 2–146
- money-related 2–148
- tendering below cost 2–149–2–247
Financing costs
- damages, and 22–119–22–137
Fire
- insurable risk 2–154–2–166
Fitness for purpose
- risk, and 2–047–2–050
Float
- calculation 17–006–17–040
- data 17–008
- definition 17–055–17–057
- elusive concept 17–006
- free 17–011–17–016
- independent 17–017–17–018
- interfering 17–019–17–020
- meaning 17–001–17–005
- negative 17–040
- standard form provisions 17–055–17–069
- time contingencies 17–041–17–054
- total 17–021–17–039 17–085–17–142 see also Total float
- who owns 17–070–17–142
Flow chart 9–018–9–019
Force majeure 4–053–4–080
- change in economic/market circumstances 4–057
- civil commotion 4–240–4–252
- definition 4–059–4–080
- interpretation 4–054
- strikes 4–240–4–252
- weather, and 14–121–14–142
Forecasting delay 11–005–11–013
Forensic
- meaning 16–001
Forensic programme analysis 16–001–16–174
- analytical methods 16–060–16–162
- as-built programme 16–047–16–059
- as-planned impacted 16–076–16–115
- as-planned updated versus as-planned updated 16–068–16–075
- as-planned versus as-built 16–060–16–067
- collapsed as-built 16–116–16–147
- correcting planned programme 16–019–16–036
- dynamic methods 16–006
- planned programme 16–017–16–059
- preparing materials 16–017–16–059
- static methods 16–005
- Page 1285
  
  time impact analysis 16–148–16–162
- updating planned programme with progress 16–037–16–046
- use of 16–004
- watersheds 16–163–16–174
- windows 16–163–16–174
Formula adjustments
- damages, and 22–159–22–290
Fossils 4–263–4–265
Free float 17–011–17–016
- potential ambiguity with contingency 17–072–17–084
Fraud 24–074–24–083
Gantt chart 9–008–9–009
Global claim 20–001–20–072
- court applied tests 20–072
- defence to 20–017–20–020
- difficulties 20–009
- essential character 20–040
- fully pleaded 20–060
- meaning 20–005–20–007
- particularisation 20–043–20–060
- problem with 20–001
- record keeping, and 11–026
- total time or loss claim distinguished 20–004–20–008
Goods and materials
- damages, and 22–074–22–078
Government acts 4–172, 4–180–4–181
Graphs 15–187–15–192
Greenfield sites
- biddability risk, and 2–117–2–128
Groundworks
- construction risk, and 2–129–2–145
Guaranteed maximum price 3–059–3–062
Head office costs
- damages, and 22–111–22–116
Health and safety 4–253
Hierarchy of documents 4–081–4–084
High-rise building projects
- risk 2–005
Histograms 15–187–15–192
Holyrood 2–009
Hong Kong forms
- project planning and programming 2–053
Hudson formula 22–187
Human rights
- adjudication in UK, and 26–003, 26–007–26–022
Identifying cost of project controls 11–090
Implied instruction for change 13–003
Implied terms 2–080–2–088
- business efficacy 2–082, 2–084, 2–087
- commercial necessity 2–088
- commercial risk allocation, and 2–085
- criteria 2–083
- established trade usage 2–087
- inherent in legal relationship 2–087
- principles 2–084
- sole supplier 2–089
Inclement weather 4–123–4–127
Inconsistencies in contract documents 4–081–4–102
Independent float 17–017–17–018
Independent information management 14–120–14–134
Inference of causation 15–166–15–219
- cause and effect matrix 15–174–15–179
- graphs 15–187–15–192
- histograms 15–187–15–192
- Scott programmes 15–180–15–186
Inflation 2–151
Ingress 4–163–4–169
In-house departments 24–023–24–025
Injury or damage to property 2–161–2–170
Inspection 14–234–14–251
Instructed variation
- causation, and 15–073
Instructed variations and changes 4–103–4–120
- change, definition 4–115–4–116
- changes within scope of contract 4–106
- expenditure of provision sums 4–119
- expressly excusable 4–114
Insurable risk 2–154–2–166
- damage caused by carrying out works, and 4–254–4–258
- damage to structures owned by third party 2–158
- damages, and 23–015–23–018
- excepted risks 2–155–2–165
- fire 2–158–2–159
- from whatever cause 2–164–2–165
- injury or damage to property 2–161–2–170
- specified perils 2–154–2–155
- transfer of 2–038
Interfering float 17–019–17–020
Internet
- weather information via 4–130
Interpretation of contracts
- principles 2–072–2–073
Itemised bills of quantities
- biddability risk, and 2–126
Investment decision 2–146
Jagged line monitoring 10–135–10–139
JCT forms
- risk 2–019–2–020
Page 1286

JCT Major Projects Contract
- costs and time management 5–101–5–103
- risk management 5–091–5–098
Key dates 11–059–11–060
Latent conditions 4–153
Learning curve
- lost productivity, and 18–075–18–077
Legal risk 2–064–2–089
- court interpretations 2–067
- editing standard forms 2–078, 2–080, 2–081
- implied terms 2–082–2–089 see also Implied terms
- intentions of parties 2–070–2–071
- interpretation of commercial contracts 2–071–2–072
- interpretation of standard forms, effect 2–069
- issues 2–064
- ways in which arising 2–065
Line-of-balance chart 9–020–9–025
Liquidated damages 22–223–22–245
- construction management contracts 3–039–3–049
- exclusive remedy 22–227–22–230
- failure to quantify 22–241–22–245
- mandatory laws 28–012–28–016
- penalties 22–231 22–240
- standard form provisions 22–224–22–226
Litigation 25–035–25–038
Local authorities
- negligence 2–175–2–184
Logical relationships 8–115–8–124
Logistics
- lost productivity, and 18–078–18–079
Loss of future profits
- damages, and 22–140–22–145
Loss of morale
- lost productivity, and 18–062
Loss of productivity
- damages, and 22–089–22–097
- loss of future profits, and 22–140–22–145
Loss or expense, recovery of 5–068–5–073
- CIOB Complex Projects Contract 5–059–5–100
- claims procedure 5–034–5–055
- compensable events 5–014–5–033
- compensable risks 5–029–5–030
- compensation for disruption to progress 5–056 5–058
- conditions contrary to public interest 5–033
- developer’s cost risk events 4–025
- direct loss and/or expense 5–001, 5–035
- JCT Major Projects Contract 5–059–5–100
- priced activity programme 5–013
- standard forms provisions 5–049–5–058
- valuation 5–048–5–049, 5–063–5–065
- variations 5–021
Lost productivity
- acceleration 18–043–18–049
- accounting for effects of separate events 18–134–18–143
- adverse weather 18–056–18–061
- analysis 18–085–18–143
  - actual impacted versus actual unimpacted 18–121–18–143
  - benchmark data versus actual 18–119–18–120
  - historic versus actual 18–115–18–118
  - planned versus actual 18–099–18–104
- burden of proof 21–042
- causation 19–017
- conditions causing 18–029–18–084
- difficulty of measurement 18–016
- dilution of supervision 18–072–18–074
- errors 18–050–18–052
- expert opinion 18–156–18–158
- extended working hours 18–063–18–066
- industry productivity norms versus actual 18–105–18–114
- learning curve 18–075–18–077
- logistics 18–078–18–079
- loss and expense suffered 18–004–18–008
- loss of morale 18–062
- matters to be proved 18–044
- measured mile 18–130–18–133, 18–144–18–155
- omissions 18–050–18–052
- partial possession 18–053–18–055
- reassignment of manpower 18–067–18–071
- records, and 18–023–18–028
- recovery 18–043–18–049
- ripple 18–080–18–082
- resource-based planning 18–017–18–022
- site restrictions 18–078–18–079
- staffing 18–032–18–034
- trade stacking 18–083–18–084
- variations 18–035–18–042
M & E engineering consultants
- design risks, and 2–107
Management contracting
- risk, and 3–050–3–058
Management contracting contracts 3–050–3–058
- advantages 3–055
- default by sub-contractors 3–051
- failures 3–053
- influences on site times 3–058
- obligations of management contractor 3–054
- Page 1287
  
  relationship between risk and tender premium 3–052
- works contractors 3–051
Management costs
- damages, and 22–068–22–073
Managing effect of change 11–071–11–089 see also Change Management disruption
- first step-programme update 11–080
- frozen design 11–076
- negotiation of variations 11–077
- potential fifth step-acceleration 11–085–11–088
- potential fourth step-event impacting 11–084
- second step-programme review for better information 11–081
- significance 11–073
- third step-recovery 11–082–11–083
- variation 11–072
Mandatory laws in international construction contracts 28–001–28–028
- decennial liability 28–023–28–026
- definitions 28–002
- liquidated damages 28–012–28–016
- practical completion 28–017–28–022
- priority 28–002
- private international law 28–006–28–008
- taking-over 28–017–28–022
- time-bar clauses 28–009–28–011
Manifest error
- biddability risk, and 2–125
Master programme 8–028
Measured mile 18–130–18–133, 18–144–18–155
Mediation 25–007–25–011 see also Dispute Resolution, Conciliation
- advisory bodies 25–008
- forums 25–008
- mediation clauses 25–011
- mediators 25–007–25–009
- permission 15–009
- procedure 25–010
Milestone monitoring 10–118–10–121
Milestone programme 9–028–9–031
Milestones 8–098–8–109
Mismanagement of time
- consequences 1–002
- standard forms, and 1–006
Misrepresentation 24–074–24–083
Mitigation 12–001–12–020
- meaning 12–001
- principles 12–002
- question of fact 12–004
- standard form provisions 12–021–12–092
Modelling 14–067–14–070
Monitoring
- standard form provisions 10–033–10–068
Natural justice
- dispute risks, and 2–098
Negative float 17–040
Negligence
- local authorities 2–175–2–184
Network diagrams 9–032–9–034
Nominated sub-contractors and suppliers 4–188–4–202
- delay 4–203–4–230
- effect of nomination 4–194
- failure to complete on time 4–189
- three-sided arrangement 4–193
Non-productive overtime
- damages, and 22–053–22–057
Notice as condition precedent 6–110–6–165
- barring clause 6–116
- compensation conditional upon notice 6–151–6–165
- consequences of non-compliance 6–133
- contra proferentem rule 6–130
- express provision 6–096
- extension of time conditional upon notice 6–110–6–150
- “on receiving a notice” 6–112
- prevention principle 6–134–6–135, 6–139–6–141
Notices 6–008–6–109
- advice as to cause of delay 6–017
- condition precedent, as 6–110–6–165
- constructive 6–030–6–032
- contents 6–033–6–054
- form of 6–024–6–029
- nature of 6–012–6–023
- period of 6–055–6–080
- second 6–081–6–089
- service of 6–097–6–109
- waiver of 6–090–6–096
Occupational programme 8–055–8–057
Omissions 13–136–13–153
- lost productivity, and 18–050–18–052
Oral evidence 14–161–14–167
Outline plan 8–022
Pacing 19–121–19–139
- concurrency, and 19–121–19–139
Partial possession
- lost productivity, and 18–053–18–055
Partnering 3–063–3–066
Penalties 22–231–22–240
PIX Protocol 141–061–14–066
Planning
- anticipation, and 8–016
- decisions involved 8–015
- detailed plan 8–024
- Page 1288
  
  effective strategy 8–019
- familiarisation 8–021
- nature of 8–001
- outline plan 8–022
- personal 8–017
- sequential process 8–003
- statistics 8–018
- strategic plan 8–023
Plant and equipment
- damages, and 22–079–22–088
Political risk 2–152–2–153
Poor project programming 1–008
Poor record keeping 1–008
Postponement 4–170–4–171
Precedence diagram 9–041–9–044
Preliminaries
- damages, and 22–100–22–110
Presentation of programmes 9–001–9–090
compliance with programming specifications 9–006
- financial attractiveness 9–005
- methods 9–002
- standard form provisions 9–047–9–088
  - acceptance 9–051–9–088
  - approval 9–051–9–088
  - initial programme 9–051–9–088
  - rejection 9–051–9–088
Prevention principle
- generally 6–129, 6–134, 6–139
- notice as condition precedent, and 6–110–6–165
Private finance initiative 3–067–3–075
Private international law 28–006–28–008
Private nuisance 2–187–2–188
Privileged communications
- disclosure 14–264–14–273
Probability estimates
- risk, and 2–059
Procurement arrangements 3–059–3–075
Productivity see also Lost productivity
- indices 18–011
- meaning 18–010
- VATFP 18–011–18–012
Profit on costs
- damages, and 22–138–22–139
Programme 1–024–1–026
- activity coding 8–230
- approval 9–001–9–090
- contract document, as 8–220–8–226
- core principles 1–025
- method of compilation 8–227
- presentation 9–001–9–090
- pricing requirements 8–241–8–245
- specifying requirements 8–227–8–240
- standard form requirements 8–177–8–245 see also Standard form requirements for programmes
- subject-matter 8–172
- varieties 8–026–8–067
Programme logic 7–078
Programme preparation 8–068–8–162
- activity durations 8–125–8–141
- calculating durations 8–142–8–162
- contract period 8–085–8–090
- early completion 8–091–8–097
- key dates 8–098–8–109
- logical relationships 8–115–8–124
- milestones 8–098–8–109
- sectional completion 8–098–8–109
- work content 8–110–8–114
Programme revision 10–061–10–068
Programme updating 10–069–10–088
Programming see also “Critical path method” approval and presentation
- activity-based CPM programme 9–002
- complex projects 9–002
- computer programmes 9–001
- contract requirements 9–005
- contract specification 9–003–9–004
- CPM-based algorithms 9–002
- development process 8–025
- electronic information 9–004
- engineering contracts 9–004
- generally 9–001
- line of balance charts 9–020–9–025
- management information 9–004
- methods 9–002
- milestone charts 9–028–9–031
- nature of 8–001
- network diagrams 9–032–9–034
- network planning techniques 9–035
- precedence diagrams 9–041–9–044
- resource loading 9–002
- software 9–002
- specifications 9–006
- standard form contracts 9–004
- time change diagrams 9–026–9–027
- contract administrators 8–006–8–007
- delay analysis 8–002
- development process 8–025
- excusable delay 8–008
- late 9–005
- planning
  - detailed 8–024
  - execution, of 8–019
  - extent 8–016
  - familiarisation 8–021
  - ineffective 8–018
  - outline plan 8–022
  - Page 1289
    
    personal 8–017
  - process 8–015
  - strategic plan 8–023
- programming 8–025
- progress monitoring 10–089–10–169
  - accepted methods 10–090
  - comparison 10–094
  - purpose 10–089
  - target CPM 10–096
- reporting 10–005
- updating 10–069
Progress monitoring 10–089–10–169
- meaning 10–004
- methods 10–090
- purpose 10–089
Progress records 14–015–15–025
- CIOB Guide 14–021–14–025
- failure to keep 14–019
- holistic approach 14–016
Progress reporting 10–146–10–156
Project control 11–001–11–094
- benefits 11–004
- choices 11–003
- cost, and 11–032–11–034
- identifying cost 11–090
- redress for failure to comply 11–091–11–094
- SCL Protocol 11–014–11–044 see also SCL Protocol
- scope 11–001
- time and damage 11–002
Project planning and programming
- contingency 2–057–2–058
- decisions 2–051
- effective monitoring of the works 2–055
- importance 2–052
- Hong Kong forms 2–053
- risk, and 2–051–2–063
Project planning model statements 8–163–8–176
- activities 8–170
- communication 8–172
- consultation 8–172
- density of programme, and 8–171–8–172, 8–174–8–176
- high density 8–176
- medium density 8–175
- purpose 8–166
- requirements 8–177–8–245
- time management strategy 8–172
Project procurement 3–001–3–075
- CIOB Guide 3–003–3–004
- types of contract 3–019–3–058
Project time manager 3–010
Projects
- meaning 3–004
Prolongation 19–102–19–120
- concurrency, and 19–001–19–038
- concurrent causes 19–102–19–111
- parallel cause 19–115–19–120
- sequential causes 19–112–19–114
Proportionality
- causation, and 15–148–15–165
PSSC 3–016
Public private partnership 3–067–3–075
Quality control 4–231–4–239
Quantifying predictive loss 22–246–22–290
- likely outgoings 22–261
Quantum meruit 22–191–22–222
- anticipation of contract 22–197
- application of doctrine 22–192
- contract price, and 22–202
- developer’s damages 22–210–22–222
- frustration, and 22–206
- letter of intent, and 22–208–22–210
- variations, and 22–203
Rate of progress
- meaning 12–080
Reasonable skill and care
- risk, and 2–049
Reassignment of manpower
- lost productivity, and 18–067–18–071
Record keeping 14–003–14–014
- chain of causation, and 14–036–14–037
- change control, and 14–026–14–041
- changed circumstances 14–040–14–041
- facts of delay 14–191–14–233
- global claim, and 14–005–14–007
- points to be addressed 14–038
- standard form provisions 14–135–14–159
Record retrieval 14–042–14–050
- computerised database 14–045–14–046
Records
- lost productivity, and 18–023–18–028
Recovery
- effect 12–014
- failure 12–192–12–193
- lost productivity, and 18–043–18–049
- meaning 12–009
- methods 12–136–12–186
  - changing sequence of activities 12–149–12–155
  - increasing motivation 12–164
  - increasing resources 12–165–12–167
  - increasing working time 12–168–12–186
  - logic changes 12–156–12–161
  - omissions 12–144–12–148
  - using different method of working 12–162–12–163
- standard form provisions 12–021–12–092
Page 1290

Regularly
- meaning 12–011–12–013
Re-measurement
- build-only contract 3–031
Re-measurement contracts
- risk 2–036
Reporting
- meaning 10–005
- standard form provisions 10–033–10–060
Request for further information 25–067–25–070
Retrospective delay analysis 8–077
Residential occupiers
- adjudication in UK 26–045–26–047
Resource-based planning
- lost productivity, and 18–017–18–022
Resource monitoring 10–097–10–104
Revision
- meaning 10–002
- standard form provisions 10–033–10–060
RIBA Plan of Work 3–017
Ripple
- lost productivity, and 18–080–18–082
Risk 2–001–2–197
- acts of prevention 2–046
- advice on 2–014
- allocation 2–038–2–168
- bespoke form, and 2–044
- biddability see Biddability risk
- buildablity see Buildability risk
- categorisation 2–017
- commercial negotiation 2–041
- complex projects 2–004
- computerised simulation 2–061
- conflicting interests of parties 2–040
- construction see Construction risk
- design see Design risk
- design and build contracts 3–034–3–035
- dispute see Dispute risk
- distribution 2–042
- financial see Financial risk
- fitness for purpose, and 2–047–2–050
- high-rise building projects 2–005
- identifying 2–016
- ill-considered transference 2–025
- influence of variables 2–012
- insurable 2–154–2–166
- JCT forms 2–019–2–020
- judicial interpretations of common law and statute 2–047
- legal see Legal risk
- management 2–015–2–016
- management contracting 2–037
- managing risk of change 2–031
- obligations of professional and tradesman 2–048
- political see Political risk
- probability estimates 2–059
- project planning and programming 2–051–2–063
- reasonable skill and care 2–049
- registers 2–033
- re-measurement contracts 2–036
- sources 2–010–2–011
- standard form provisions 2–018–2–037
  - clarity, need for 2–026
  - delay, meaning 2–027
  - first reference 2–023
  - inconsistency 2–036
  - interpretational problems 2–029
  - placing risks on developer 2–032
- statistics 2–001
- theories of apportionment 2–043
Risk allocation
- tort, and 2–172
SCL Protocol 1–003–1–004, 11–014–11–044
- calculating entitlement to extension of time 11–036
- complex programming and record-keeping equipment 11–042
- concurrent causes of delay 11–040
- contemporaneous project control 11–019
- critical path network 11–023
- float 11–037
- identification of activities 11–024
- information 11–025
- managing effects of delay 11–016
- measurement of interim extensions of time 11–018
- nature of 11–015
- objection to electronic access to programme 11–031
- programme and records 11–020
- public health guide, as 11–043
- record-keeping 11–026–111–027
- retrospective analysis 11–017
- update of contractor’s programme 11–028–11–030
Scott programmes 15–180–15–186
Second notice 6–081–6–089
Sectional completion 8–098–8–109
Sequencing problems 2–115
Service of notice 6–097–6–109
- business day 6–047–6–048
- company names, and 6–098
- copy to third party 6–099–6–101
- deemed 6–106–6–108
- fax 6–103
- named person 6–102
- personal 6–104
Page 1291

Settlement 24–001–24–083
- ad hoc negotiations 24–057
- duress, and see Duress
- enforceability 24–063
- failure of negotiations 24–058–24–059
- strategies 24–058
- without prejudice communications 24–060
Simple projects
- characteristics 3–004
Site restrictions
- lost productivity, and 18–078–18–079
Smoke and mirrors 15–220–15–231
Soft-spots 4–144
Special circumstances 4–052
Specified perils 2–154–2–155
Staff costs
- damages, and 22–058–22–067
Staffing
- lost productivity, and 18–032–18–034
Standard clauses of delay 4–028–4–265
Standard form provisions
- change 13–030–13–157
- float 17–058–17–069
- liquidated damages 22–225–21–227
- mitigation 12–021–12–092
- monitoring 10–033–10–060
- programming 9–051–99–090
- record-keeping 14–135–14–159
- recovery 12–021–12–092
- reporting 10–033–10–060
- revision 10–033–10–060
- risk 2–018–2–037
Standard form provisions for time and cost 4–001–4–366
- extensions of time 4–005–4–008
- variation 4–004
Standard form requirements for programmes 4–001–4–265
- defined provisional sums 8–193
- desirable standards 8–206
- inadequacy of 8–177
- interfacing, reality of 8–217
- monitoring 8–208
- programming 8–182–8–204
Standard forms
- editing 2–078, 2–080, 2–081
- mismanagement of time, and 1–007
Statements of case 25–039–25–045
- amendment 25–063–25–066
- striking out 25–071–25–075
Statement of claim 15–182, 20–061, 25–039–25–044, 25–046, 25–053
Statutory compensation schemes 2–185
Statutory duties 2–169–2–197
Statutory undertaker 4–173
- tort, and 2–189–2–192
Strategic plan 8–023
Strikes 4–240–4–252
Structured reading
- meaning 14–226
Sub-contractors
- construction risk, and 2–140–2–142
Sub-contractor’s programmes 8–059–8–067
Suspension of works
- causation, and 15–074–15–076
Target costs 3–059–3–062
Target CPM programme monitoring 10–091–10–096
Target programme 8–028–8–037
Temporary works
- damages, and 22–098–22–099
Tender programme 8–028, 8–043–8–046
Terminology 1–018–1–032
Terms of contract
- causation, and 15–138–15–142
Terrorism 4–247, 4–250
The contractor 1–020
The developer 1–021
The works 1–023
Time and cost
- standard form provisions 4–001–4–265
Time at large 7–106–7–129
- completion prevented, when 7–114–7–129
- no contract completion date under contract 7–111–7–112
- no contract, where 7–108–7–111
Time-bar clauses
- mandatory laws, and 31–013–31–032
Time chainage diagram 9–026–9–027
Time contingencies 17–042–17–045
Time impact analysis 17–147
Time management
- guide to good practice 8–006
- level of advance 2–006
- standard of education and training 8–005
- standards 2–008
Tort 2–169–2–197
- basic concept 2–169
- developer and third parties 2–172
- economic loss 2–195–2–196
- essential elements 2–169
- negligence by third-party local authorities 2–174–2–177
- remoteness of damage 2–171
- risk allocation, and 2–173
- special relationship 2–170
- statutory undertaker 2–189–2–192
- utilities 2–189–2–192
Total float 17–022–17–042
- ad hoc creation 17–085–17–093
- belongs to contractor 17–122
- Page 1292
  
  contingency, interpretation as 17–094–17–111
  - applied fixed lag between unconstrained milestones 17–105–17–106
  - contract duration bar 17–107–17–111
  - non-driving link between applied constraints 17–099–17–104
  - time contingency activity 17–105–17–106
Total loss claim 20–001–20–072
- defence to 20–030–20–039
- difficulties 20–009–20–012
- permissible, when 20–022
Total time claim 20–001–20–072
- defence to 20–017–20–020
- difficulties 20–009–20–012
- meaning 20–013
Trade stacking
- lost productivity, and 18–038–18–084
Trade usage
- implied terms, and 2–087
Unabsorbed overheads
- damages, and 22–146–22–158
Undefined provisional sums 13–101
Unforeseeable physical conditions 4–143–4–162
- adverse ground conditions or artificial obstructions 4–151
- artificial obstructions 4–156
- latent conditions 4–153
- objective approach 4–149
- soft-spots 4–144
- subjective approach 4–148
Unjust enrichment 21–193
Updating
- meaning 10–003
- standard form provisions 10–033–10–068
US government procurement contracts 1–014
Utilities
- tort, and 2–189–2–192
Value engineering 13–154–13–157
Variation 13–001–13–199 see also Change
- ambiguities 13–110–13–135
- definition 13–032–13–036, 13–038, 13–043, 13–048–13–049, 13–056, 13–059
- discrepancies 13–110–13–135
- divergences 13–110–13–135
- drawings 13–019
- extra work 13–026
- instruction, definition 13–055
- legitimate power to instruct 13–015
- lost productivity, and 18–035–18–042
- necessary work 13–023–13–024
- omissions 13–136–13–153
- post-contract design 13–021
- price 13–017
- right of reasonable objection 13–050
- standard form provisions 13–030–13–157
VATFP 18–011–18–012
Visual aids 10–157–10–169
- activity lists 10–163
- assessment tables 10–164
- bar charts 10–165
- cascade diagrams 10–163
- computer printouts 10–163
- computer-generated visualisations 14–186
- descriptive visualisations 10–158, 14–186, 15–217
- electronic spreadsheets 10–169
- evidential visualisations 10–161, 14–189
- graphs 10–166–10–168
- histograms 10–165
- illustrative visualisations 10–160, 14–188, 15–219
- introductory visualisations 10–159, 14–187, 15–218
- probative value 10–073
- progress reports 10–162
Visualisations
- computer-generated 14–186
- descriptive 10–158, 14–186, 15–217
- evidential 10–161, 14–189
- illustrative 10–160, 14–188, 15–219
- introductory 10–159, 14–187, 15–218
Voluntary change 13–002
War 4–248–4–251
Watersheds
- analytical method 16–163–16–174
Weather 4–121–4–142
- actual effect of conditions 4–129
- average 4–128–4–131
- causation 4–132
- construction risk, and 2–144
- exceptionally inclement 4–123, 4–127
- force majeure, and 4–141
- inclement 4–123–4–128
- information via internet 4–130
- measurement 4–133–4–136
- the force of nature, and 4–140
- variable conditions 4–121
Windows
- analytical method 16–163–16–174
Work content 8–110–8–114
Work content monitoring 10–140–10–145
Working programme 8–047–8–054

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Delay and Disruption in Construction Contracts

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Index

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