WELCOME TO THE KNOWLEDGE HUB
In our industry we are continually learning and being surprised, and as part of our services GeoECS is pleased to share some relevant articles and posts. Stay tuned for more and feel free to contact us with any questions or remarks.
THE BUILDING INDUSTRY FAIRNESS ACT (QLD)
25 March 2020
New payment laws were introduced in Queensland in December 2018.
The Building Industry Fairness (Security of Payment) Act 2017 (BIF Act) came into being on 17 December 2018 and this introduces changes to payment claims, payment schedules and the adjudication process. Our view is that these changes make the act friendlier to the claimant.
RECORD KEEPING
CRITICAL TO THE SUCCESS OF YOUR CLAIM
30 April 2020
Although digital systems may make it appear that record keeping is automatic in the ground engineering industry, are these records sufficiently detailed and accurate? Are they really a substitute for making your own records, which of course requires you to review the data when compiling.
This article takes a look at the definition of records and the obligations on record keeping that is contained within contracts.
SIMPLIFIED DELAY ANALYSIS
26 May 2020
Delay analysis is often required during and after projects involving ground engineering works.
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Given that delay analysis has so many purposes and is essential in disputes, why is it often so complicated. Indeed, many adjudicators and judges fail to be impressed by overly complicated methods of analysis preferring instead more simplified, common sense methods.
This article considers one such simplified method of delay analysis.
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CHANGES IN THE SOP ACT (NSW)
4 June 2020
In a previous article we reviewed the changes made to the Security of Payment Act in Queensland with the introduction of the Building Industry Fairness (Security of Payment) Act 2017.
We now turn to changes that have recently been made in New South Wales with the introduction of the Building and Construction Industry Security of Payment Amendment Act 2018 (NSW).
These changes only apply to construction contracts that came into effect from 21 October 2019 and of course where the works take place in NSW or the laws of NSW apply.
DELAY OR DISRUPTION?
23 June 2020
Delay or disruption affecting the progress of works on a construction project is dealt with in different ways, depending on the cause and its impact on the contractor’s ability to complete the works in accordance with the contract programme. It is important to understand that delay and disruption are different concepts.
It is in both parties’ best interests to ensure there is a full mechanism for dealing with delay and disruption in their building contract, and that the mechanism is implemented correctly and followed to the letter.
Given the complexities associated with the logistics of ground engineering projects, many foundations contracts are subject to disruption and it is important that geotechnical contractors are able to distinguish disrupting events, compile contemporary records of the impact of disruption and then pursue loss and expense and extension of time claims in accordance with contract requirements.
CONCURRENT DELAYS - A POTENTIAL DEFENCE
16 July 2020
Concurrent delay is the construction equivalent of a hard fought five-day cricket test ending in a draw. If both parties to a dispute involving a claim for loss and expense due to delay are partially responsible for the delay, neither recovers damages. The principle of concurrent delay is not a new one. It is a concept that has been changing and evolving from the time it was first addressed and those changes continue today.
This article will give a brief overview of the general principle of concurrent delay, then focus on actions that contractors can take to ensure that they preserve their right to assert concurrent delay as a defence against liquidated damages, and similarly, defences that clients can raise in response to a contractor’s claim for delay loss and expense.
VARIATIONS
6 August 2020
Changes to ground engineering projects from commencement to completion are inevitable. It is very rare that the scope of a sizeable foundations or retaining wall project does not change. Anything from design changes to varying geology to regulatory changes can impact the original scope of works. These variations to the works can have significant impacts on profitability and therefore it is important that contractors handle variations in accordance with the procedures detailed in the contract. As noted in a previous GeoECS article on record keeping, it is essential that contemporaneous records are maintained and that all parties to the contract understand the contract definitions and their rights and obligations.
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This article looks at the key practical points to note when dealing with variations, potential pitfalls and how to protect against variations.
METHODS OF DELAY ANALYSIS
1 September 2020
In a previous article we looked at the steps required for delay analysis. One of the steps is the selection and use of a method to identify and measure the delay to the critical path.
Delay analysis is often required during and after projects involving ground engineering works. The requirement for delay analysis arises from the following considerations:
Most baseline schedules are optimistic
Schedules are often complex
There are a lot of risks in ground engineering works
Oftentimes there is a lack of strong production controls
Foundation works are expensive
Delay and disruption are the main causes of budget overruns
This article addresses the concepts of three delay analysis methods that are typically used in construction claims.
CONCURRENT AND PACING DELAYS
28 September 2020
In a previous article we looked at how concurrent delays can be used as a defence against claims.
This article looks further at concurrent delays and their assessment and then goes on to compare concurrent delays to pacing delays. We then consider how a contractor could still pursue an extension of time claim while also reducing costs through reducing the pace of construction works.
PUBLISHED PAPERS
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Access to published papers written by the GeoECS team:
