200 Contractual Problems and their Solutions

This book examines 200 contractual problems which regularly arise on building and engineering projects and provides a detailed explanation of their solutions, citing standard contract conditions and key parts of legal judgements as authority. A succinct summary is provided at the end of each detailed solution. It covers problems together with their solutions in respect of: Procurement matters Tenders and bidding Design issues Letters of intent Contractor′s programme Contractor′s float Delays Concurrent Delays Extensions of time Liquidated/delay damages Unliquidated damages Variations Loss and expense/additional cost claims Acceleration Global claims Payment Damage to the works Exclusion clauses Retention of title Practical completion Defect correction Adjudication This book deals with a broad range of construction contracts including JCT Standard Form and Design and Build, New Engineering Contract NEC3, ICE and GC/Works/1. This book was first published under the title of One Hundred Contractual Problems and Their Solutions , with a second edition entitled One Hundred and Fifty Contractual Problems and their Solutions . This third edition adds 50 new problems and replaces 15 of those in the last edition. Of the remainder half have been the subject of revision. "Deserves a place on every site and in every office as the standard handbook on contractual problems" — Construction Law Digest

Foreword xxi Preface xxiii 1 Procurement 1 2 Tenders and Bidding 27 3 Design 49 4 Letters of Intent 71 5 Programme 83 6 Delays and Delay Analysis 93 7 Extensions of Time 117 8 Liquidated/Delay Damages 137 9 Variations 167 10 Loss and Expense/Additional Cost 185 11 Payment 239 12 Practical Completion and Defects 303 13 Rights and Remedies 325 14 Adjudication 383 Table of Cases 433 Index 445

Roger Knowles is a chartered surveyor, chartered arbitrator, barrister and CEDR accredited mediator. He left school as 16 years of age and commenced work as a trainee quantity surveyor, following which he secured his qualifications employing distance learning courses. His early career was that of a quantity surveyor, when he gained a great deal of experience of working on construction sites. He founded James R Knowles in 1973, a company of dispute resolution consultants, as a sole practitioner. Roger built up James R Knowles until it was a world renowned brand and in 1998 became a quoted company on the AIM market. He sold his interests in James R Knowles in 2006, since which time he has acted as an independent disputes resolution consultant. His career has involved representing clients in many parts of the world including East Asia, the Middle East and throughout the United Kingdom. His work includes the preparation and resolution of construction claims, representing parties in arbitration and adjudication and acting as arbitrator, adjudicator and mediator. Roger has been involved in training for many years. His specialist subjects include construction law, contract administration, arbitration, adjudication and ADR and he has lectured at well over 1,300 seminars at locations all over the world. Since the mid 1970s, Roger has been a regular contributor to technical journals, with more than 400 published articles to his name. His career has also included representing trade associations and he is a former member of the Joints Contract Tribunal which publishes JCT contracts. Roger was the founder of the Quantity Surveyors International and joint author of the Public Sector Partnering Contract.