Civil Engineering Reference
In-Depth Information
Mitigation of loss
A clear exposition of the situation. More could have been said about the
contractor's rights, or otherwise, to claim the reasonable costs of mitigation
(see Chapter 6, section 6.1.4).
Global claims
It is good to see that global claims are discouraged (see Chapter 8).
Claims for payment of interest
Although this survey of the position seems to be broadly correct, it is not
made clear that for interest to be claimable, it must be shown to be part of
the loss and/or expense and not, as suggested here, a result of it (see
Chapter 6, section 6.5.8).
Head office overheads
This is a clear and concise explanation (see Chapter 6, section 6.5.2).
Profit
Very brief and to the point (see Chapter 6, section 6.5.3).
Acceleration
This is a broadly correct interpretation of the position, but the reference to
the possibility of accelerating by instructions about hours of working and
sequence of working is to be doubted (see section 2.5 of this chapter).
Disruption
The definition of disruption does not adequately explain that disruption
can also refer to a delay to an individual activity not on the critical path
where there is no resultant delay to the completion date. It is also stated
that most standard forms do not deal expressly with disruption. That,
of course, is true. But it is also true that most standard forms do not
expressly deal with prolongation. For example, JCT forms refer to regular
progress being materially affected. That appears to be quite broad enough
to encompass both disruption and prolongation (see Chapter 6, section
6.2.2).
