| Description |
1 online resource (283 pages) |
| Series |
Construction Practice Ser |
|
Construction Practice Ser
|
| Contents |
Cover; Half Title; Title; Copyright; Contents; Forewords; Preface; Table of cases; Table of legislation; CHAPTER 1 INTRODUCTION TO LITIGATION IN THE TCC; What is the TCC?; Dispute resolution; Arbitration v litigation; The TCC Guide; CHAPTER 2 AN OVERVIEW OF A CLAIM IN THE TCC; Pre-action phase; Commencement of the proceedings; Pleadings; The first Case Management Conference; Disclosure; Witness statements; Expert evidence; The Pre-Trial Review; The trial; Judgment; Appeal; CHAPTER 3 EVIDENCE; Introduction; Witness statements; Number of witnesses; 'Expert' factual witnesses |
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Taking and structuring witness statementsSequence of calling witnesses; Expert reports and joint statements; Do you need an independent expert?; Choosing an expert; Preparing your expert; Reports; Joint statements and expert meetings; Evidence at trial; Documentary evidence; Case Management Conference; Applications; Trial; Electronic trial bundles; Appeal bundles; Administrative matters; CHAPTER 4 DELAY CLAIMS; Introduction; Legal requirements in relation to claiming delay; Extension of time clauses; Prevention principle; Float; Pleading requirements -- delay; Civil Procedure Rules |
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Authorities as to pleading requirementsBurden of proof; Making or defending a delay claim in practice; Introduction; Step 1: Prospective or retrospective; Step 2: Identifying the total period of delay on the project and when the delay occurred; Step 3: Identifying the delay events; Step 4: Identify the critical path; Step 5: Identify how the delay event caused delay to the completion date; Step 6: Conclusion; Difficulties and complexities; Complex/multiple critical paths; Relevance of as-planned critical path or near-critical paths at particular points during the project |
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Frequent mistakes in practiceIntroduction; Focus on liability only; Focus on delay caused to immediately affected activity only; Focus on the last event which delayed completion; Ignoring contractual notice provisions; Evidence at trial; Factual witness evidence; Expert evidence; Electronic programme-based analysis; CHAPTER 5 DELAY AND DISRUPTION MONEY CLAIMS; Introduction; Contractor's delay-related money claims under the contract; Introduction; Different tests for time and money; Relevance of contractual provisions to valuation; Relevance of tender pricing; Notice |
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Contractor's critical delay-related claimsIntroduction; Preliminaries/prolongation cost claims; Overheads claims; Loss of profit claims; Increased costs resulting from inflation; Disruption claims; Introduction; Authorities; Practicalities; 'Thickening' costs; Subcontractor claims; Acceleration claims; Employer's claims for delay; CHAPTER 6 DEFECTS CLAIMS; General nature of a defects claim; Prosecuting a defects claim; Structure of the statement of case; Defending the case; Liability defences; Quantum defences; Limitation |
| Notes |
Controlling, policing and challenging the presentation of defects claims |
|
Print version record |
| Form |
Electronic book
|
| Author |
Garrett QC, Lucy
|
|
Lamont, Calum
|
| ISBN |
9781317243991 |
|
1317243994 |
|
