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Informationen zum Autor David Chappell BA(Hons Arch), MA(Arch), MA(Law), PhD, RIBA with 50 years experience in the construction industry has worked as an architect in the public and private sectors, as contracts administrator for a building contractor, as a lecturer in construction law and contracts procedure and as a construction contracts consultant. He is currently Director of David Chappell Consultancy Limited, is a Specialist Advisor to the RIBA and RSUA and frequently acts as an adjudicator. He was Professor of Architectural Practice and Management Research at The Queen's University of Belfast and Visiting Professor of Practice Management and Law at the University of Central England in Birmingham. He regularly acts as an adjudicator and is author of many books for the construction industry. Klappentext Many building projects are the subject of claims - the assertion of a right, usually by the contractor, to an extension of the contract period or an additional payment under the terms of the building contract. Many of these claims are unsound or ill-founded, often because the basic principles are misunderstood. This highly regarded book examines the legal basis of claims for extensions of time and additional payment, and what can and cannot be claimed under the main forms of contract. It includes chapters dealing with direct loss and expense, liquidated damages, extension of time, concurrency problems, acceleration, time at large, common law and contractual claims, global claims, and heads of claim and their substantiation. With the publication of the fifth edition, Building Contract Claims has been thoroughly revised to ensure it is fully up to date with the latest contracts, court judgments and building practice. Changes include: Coverage of over 60 additional relevant court cases Coverage of the 2005 JCT contracts suite Coverage of changes to the NEC contract Coverage of additional contracts such as Constructing Excellence; Measured Term Contract and the ACA PPC2000 contract together with the 2005 relevant JCT sub-contracts Important changes to liquidated damages and to extensions of time, and the giving of notices Appendix 1 has been substantially revised Like its predecessors, the fifth edition of Building Contract Claims will be essential reading for architects, contract administrators, project managers and quantity surveyors, as well as contractors, contracts consultants and construction lawyers. Zusammenfassung Many building projects are the subject of claims the assertion of a right! usually by the contractor! to an extension of the contract period or an additional payment under the terms of the building contract. Many of these claims are unsound or ill-founded! often because the basic principles are misunderstood. Inhaltsverzeichnis Preface vii Acknowledgements x Contract abbreviations xi PART I 1 1 Introduction 3 1.1 Structure of the book 3 1.2 Types of claims 3 1.3 The basis of claims 8 1.4 Architect's and contract administrator's powers and liability to contractor 11 1.5 Quantity surveyor's powers 16 2 Time 20 2.1 Time of the essence 20 2.2 Time at large 22 2.3 Extension of time clauses in contracts 26 2.4 Concurrency 32 2.5 Acceleration 40 2.6 Sectional completion 47 2.7 The SCL extension of time Protocol 51 3 Liquidated damages 57 3.1 The meaning and purpose of liquidated damages 57 3.2 Liquidated damages or penalty 58 3.3 Liquidated damages as limitation of liability 65 3.4 Sums greater than a genuine pre-estimate 66 3.5 Liquidated damages as an exhaustive remedy 67 3.6 Injunction 72 3.7 Liquidated damages in relation to loss 74 3.8 Where there is no breach of contract 75 ...
