Dealing with Delay and Disruption on Construction Projects

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Description
1. When we embarked on this book, we knew two things based on our collective decades of experience in construction law around the globe:
a. many projects face delays and poor productivity and often the bigger the project or the more cutting-edge it is, the greater the risk of
delay and disruption and, for the same reason, the greater the financial implications for contractors (and their supply chain) and
employers; and
b. legal issues pertinent to dealing effectively with issues of delay and disruption are often not fully understood by relevant stakeholders and that increases the risk of disputes.
2. Given the importance of these issues, we set out to write a book on the management of delay and disruption from the inception of a project through to the resolution of claims in the project's aftermath. We further aimed to present all aspects of delay and disruption from legal and technical perspectives and drafted the book so that it would be accessible to all readers, from individuals starting to learn about delay and disruption to well-seasoned practitioners. We hope that you, the reader, will agree that we have achieved our objectives.
3. What we did not know when we were drafting the book was that in 2020, right before publication, the world would face unprecedented circumstances brought about by the Covid-19 pandemic and that government reactions to this challenge would significantly impact the construction sector (like many others). Supply chains are in disarray, cash flow has dried up and physical construction is marred by the inherent challenges arising from the pandemic. Accordingly, projects around the world are wallowing in delay and suffering from low productivity. This book therefore could not be more topical.
4. This book is divided into 15 chapters that cover the panoply of delay and disruption issues. First, Chapter 1 provides an overview of delay and disruption and some issues relevant to those concepts. In doing so, this chapter makes it clear that delay and disruption are separate and discrete concepts despite often appearing as a double act on a project. Next, there are several chapters that detail the most readily apparent legal issues, namely the time consequences of delay (Ch. 2), the financial consequences of delay (Chs 4 and 5), acceleration (Ch. 6) and disruption (Ch. 7).
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Contents
1. Introduction
2. Delay-Time Claims
3. Delay-Time-Technical
4. Delay Claims-Law
5. Delay-Money-Categories of Time -Related
6. Acceleration
7. Disruption
8. Disruption-Technical (Evaluation of Causation and Quantification Methods)
9. Subcontracts Claims
10. Employer Claims
11. Managing Expert Evidence
12. The Impact of Technology on Delay and Disruption
13. International Construction Arbitration from an Arbitrator's Perspective
14. Dispute Avoidance and Alternative Dispute Resolution
15. Project management-Technical
Managing Projects from a Scheduling Perspective
Managing Projects from a Commercial Perspective
Appendices
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Author Details
Kim Rosenberg
Partner, Freshfields Bruckhaus Deringer LLP
Kim Rosenberg advises on the management of risks on major projects around the globe. She regularly acts as counsel and arbitrator in international construction arbitrations. Kim was chair of the committee that drafted the 2nd edition of the Society of Construction Law's Delay and Disruption Protocol.
Bryan Dayton
Senior Associate, Freshfields Bruckhaus Deringer LLP
Bryan Dayton represents clients on major projects in the Middle East and Asia, particularly in the oil and gas and infrastructure industries. He advises clients during projects on claim preparation and strategies for commercially resolving claims. Bryan regularly speaks at conferences on construction-related issues.
Erin Miller Rankin
Partner, Freshfields Bruckhaus Deringer LLP
Erin Miller Rankin advises on legal strategy and managing risks on major projects. She leads a team of specialist practitioners that work across the world supporting clients on their major capital projects, with a particular focus on emerging markets. She has specific expertise of complex international arbitrations in the oil and gas, power, mining and transportation sectors. Erin also contributed to the book's references to UAE law.