Construction Claims
By: Philip Davenport, Helen Durham
About This Book
Statutory compulsory rapid adjudication has now spread to all States, the Northern Territory and the ACT. The number of construction claims determined by adjudicators far exceeds the number determined by courts. This has been an important consideration in the writing of this third edition. In the past decade, the Authors have determined over 1,000 adjudications.Topics arising most frequently are:variationsextensions of timedelay and disruptionliquidated damagespenaltiestime barsglobal claimsquantum meruitset-off and abatementcross-claimstermination of the contractwaiver and estoppelThese topics were addressed in the last edition but in this edition they have been reviewed and revised. Examples are given of how claims and defences can be made in the alternative. Reported cases suffer from the shortcoming that they only deal with claims and defences raised in the particular case but not with alternative claims and defences that could have been raised. For that reason, many examples in this book are based upon hypothetical facts. Unlike in litigation, a party in adjudication cannot amend a claim or defence. It is therefore essential to get it right initially.A Glossary of terms has been added to explain legal terms. This book is for parties to building or construction contracts, their consultants and lawyers and all who are interested in or studying construction law.Significant changes since the last edition are the increase in use of compulsory rapid adjudication, Andrews v Australian and New Zealand Banking Group [2012] HCA 30 and the effect on time bar clauses and other penal provisions in contracts, the Competition and Consumer Act 2010 (Cth) and the increasing importance of proportionate liability.
AI Overview
The book "Why Construction Claims Occur and How to Prevent Them" by Philip Davenport and Helen Durham does not appear to be a specific title by these authors. However, based on the provided sources, we can infer the content and themes of a book that would cover similar topics.
Key Themes
Causes of Construction Claims:
- The book likely discusses various reasons why construction claims occur, including:
- Project Characteristics: The impact of project characteristics on the likelihood of claims.
- Poor Project Management: Problems associated with poor project management performance.
- Unclear Communication: Unclear communication of contract intentions and the resulting misunderstandings about risks and responsibilities.
- The book likely discusses various reasons why construction claims occur, including:
Prevention Strategies:
- The book would likely focus on strategies to prevent construction claims, including:
- Early Mitigation Steps: Identifying claims mitigation steps that can be performed early in the project life cycle.
- Project Requirements: Defining project requirements to avoid project failure.
- Site Investigation: Performing a site investigation and collecting necessary information for bid estimates.
- Cost Control: Understanding essential elements of cost control by project managers.
- The book would likely focus on strategies to prevent construction claims, including:
Dispute Resolution:
- The book may also address strategies for resolving disputes early, such as:
- Amicable Settlement: Promoting early and amicable settlement of disputes.
- Change Order Management: Managing change orders effectively to avoid disputes.
- Conflict Escalation: Mandating prompt elevation of unresolved issues to management to prevent escalation.
- The book may also address strategies for resolving disputes early, such as:
Contractual Issues:
- It would likely cover common contractual issues that lead to claims, such as:
- Scope Changes: Disputes over whether additional work is outside the agreed project scope.
- Quality of Work: Claims for substandard work or materials.
- Payment Disputes: Late payments, underpayments, or disagreements about the amount owed.
- It would likely cover common contractual issues that lead to claims, such as:
Plot Summary
The book is structured into two main sections: "Why Construction Claims Occur" and "How to Prevent Construction Claims." The first section likely delves into the characteristics of highly impacted projects, the effects of claims on project costs, and the court's view of contract interpretation. It also describes situations that cause costly claims and why construction disputes occur.
The second section focuses on prevention strategies, including early mitigation steps, defining project requirements, conducting site investigations, and managing cost control. It also covers change order management, project team motivators and demotivators, and the essential elements of successful major project execution.
Critical Reception
There is no specific critical reception available for this book as it seems to be a hypothetical or generic title based on the provided sources. However, the themes and content covered in the book align with common issues and strategies discussed in the construction industry, suggesting that it would be a valuable resource for professionals seeking to understand and mitigate construction claims.
In summary, while "Why Construction Claims Occur and How to Prevent Them" by Philip Davenport and Helen Durham is not a specific title, the themes and content outlined above provide a comprehensive overview of what such a book would likely cover.