We think you have liked this presentation. If you wish to download it, please recommend it to your friends in any social system. Share buttons are a little bit lower. Thank you!
Presentation is loading. Please wait.
Published byLogan Vestal
Modified over 2 years ago
CONCURRENT DELAY REVISITED John Marrin QC
Meaning of Concurrent Delay 2
Example Period: January to December 2011 Period: January to December 2011 Overrun: January 2012 Overrun: January 2012 Contractors remedial workContractors remedial work VariationsVariations 3
JCT Standard Form Cl. 2.32:Liquidated damages Cl. 2.32:Liquidated damages Cl. 2.28: Extension of time Cl. 2.28: Extension of time Cl. 4.23: Prolongation costs Cl. 4.23: Prolongation costs 4
Preliminary Considerations 5
Prevention Principle (1) Extension of time machinery Extension of time machinery Express contrary intent Express contrary intent 6
Prevention Principle (2) Notice points and the Gaymark case Notice points and the Gaymark case Jerram Falkus Jerram Falkus 7
The Jerram Falkus Case 1)The Adyard Case 2)SMK Cabinets 3)Peak v McKinney 8
The Obverse Problem Inconsistent monetary cross- claims Inconsistent monetary cross- claims Relationship between time and money claims Relationship between time and money claims 9
But-for Causation Employers defence Employers defence Necessary but not sufficient Necessary but not sufficient Relaxation Relaxation 10
Apportionment (1) The laymans first reaction The laymans first reaction The City Inn case The City Inn case Tennant Radiant Heat Tennant Radiant Heat 11
Apportionment (2) Basis for apportionment: Basis for apportionment: Fair and reasonableFair and reasonable Causative significance/culpabilityCausative significance/culpability EqualityEquality Prevention Principle Prevention Principle 12
Dominant Cause (1) Rationale Rationale Fairweather Fairweather City Inn City Inn 13
Dominant Cause (2) Practical difficulty Practical difficulty But-for test But-for test Prevention principle Prevention principle 14
Malmaison Approach (1) The Malmaison case The Malmaison case Subsequent approval Subsequent approval 15
Malmaison Approach (2) Prevention principle Prevention principle The But-for test The But-for test The obverse problem The obverse problem 16
Prolongation Costs (i)Dominant cause (ii)Apportionment (iii) Contractors claim fails 17
Test B, 100 Subtraction Facts
Addition 1’s to
TWO STEP EQUATIONS 1. SOLVE FOR X 3. DIVIDE BY THE NUMBER IN FRONT OF THE VARIABLE 2. DO THE ADDITION STEP FIRST.
Prevention, liquidated damages and time at large Mr Justice Ramsey.
1 First EMRAS II Technical Meeting IAEA Headquarters, Vienna, 19–23 January 2009.
Addition Facts = = =
Past Tense Probe Past Tense Probe – Practice 1 Past Tense Probe – Practice 2.
SUBTRACTING INTEGERS 1. CHANGE THE SUBTRACTION SIGN TO ADDITION 2. TAKE THE INVERSE OF THE SECOND NUMBER 3. FOLLOW THE RULES FOR ADDITION 4. ADD THE OPPOSITE.
25 seconds left….. 24 seconds left….. 23 seconds left…..
1 W E L C O M E. CICES & PCE–UAE 6 July 2010 – Abu Dhabi Contract Workshop Gary Beamish Eng.C, C.Eng, C.Env, C.WEM, MICE, MCIWEM, MQSI M: E:
1. 2 No lecture on Wed February 8th Thursday 9 th Feb 14: :00 Thursday 9 th Feb 14: :00.
UNITED NATIONS Shipment Details Report – January 2006.
© 2012 National Heart Foundation of Australia. Slide 2.
12-1 Copyright 2006 McGraw-Hill Australia Pty Ltd Revised PPTs t/a Auditing and Assurance Services in Australia 3e by Grant Gay and Roger Simnett Slides.
©Evergreen Public Schools /11/2011 Arithmetic Sequences Explicit Rules Teacher Notes Notes : We will continue work students have done with arithmetic.
1 Report to the AEG Findings of the Task Force on Employers Retirement Schemes Adriaan Bloem, IMF John Ruser, BEA Co-chairs.
Jeopardy Topic 1Topic Q 1Q 6Q 11Q 16Q 21 Q 2Q 7Q 12Q 17Q 22 Q 3Q 8Q 13Q 18Q 23 Q 4Q 9Q 14Q 19Q 24 Q 5Q 10Q 15Q 20Q 25 Final Jeopardy.
MULTIPLYING MONOMIALS TIMES POLYNOMIALS (DISTRIBUTIVE PROPERTY)
Properties of Exponents Examples and Practice. Product of Powers Property How many factors of x are in the product x 3 ∙x 2 ? Write the product as a single.
Construction Mgmt & Economics CONTRACT ADMINISTRATION 341 Kee Bee Kheng (Ms)
MULT. INTEGERS 1. IF THE SIGNS ARE THE SAME THE ANSWER IS POSITIVE 2. IF THE SIGNS ARE DIFFERENT THE ANSWER IS NEGATIVE.
STATISTICAL INFERENCE ABOUT MEANS AND PROPORTIONS WITH TWO POPULATIONS.
Here it is ladies and gentlemen !!!!! The Pirelli calendar for 2009 You are the first person to receive this new Pirelli- calendar for 2009 This is the.
Year 6 mental test 5 second questions Multiplication and Division Tables knowledge.
MULTIPLICATION EQUATIONS 1. SOLVE FOR X 3. WHAT EVER YOU DO TO ONE SIDE YOU HAVE TO DO TO THE OTHER 2. DIVIDE BY THE NUMBER IN FRONT OF THE VARIABLE.
ALGEBRAIC EXPRESSIONS Step 1 Write down the question Step 2 Plug in the numbers Step 3 Use PEMDAS Work down, Show all steps.
© 2016 SlidePlayer.com Inc. All rights reserved.