Principle methods of assessing concurrent delays in construction

One type of delay that often give rise to dispute is concurrent delay, where contractor delay occurs or has effect concurrently with employer delay. Concurrent delay makes the contractor claiming for extension of time and also possibly claiming for additional cost, while on the other hand the employ...

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Main Author: Purnomo, Purnomo
Format: Thesis
Language:English
Published: 2012
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Online Access:http://eprints.utm.my/id/eprint/32450/1/PURNOMOMFAB2012.pdf
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spelling my-utm-ep.324502017-08-13T07:15:16Z Principle methods of assessing concurrent delays in construction 2012 Purnomo, Purnomo T Technology (General) One type of delay that often give rise to dispute is concurrent delay, where contractor delay occurs or has effect concurrently with employer delay. Concurrent delay makes the contractor claiming for extension of time and also possibly claiming for additional cost, while on the other hand the employer stand that the contractor has no right to get extension of time nor additional cost, but liquidated damages that shall be borne. In relation with delay in construction contract, it was clear that various events had occurred concurrently with one another, particularly towards the end of the project, which all potentially caused delays to completion. Some of these were relevant events under the construction contract, and some were events, which were attributable to party(ies) in default. The issue of concurrent delay has been considered at length by courts in various jurisdictions, it opened in somewhat inconsistencies principles in assessing the concurrent delay between one cases to the other. Apportionment methods is less considered under common law, while in particular case law, apportionment methods is in favour. Notwithstanding many interpretations from the court, the objectives of this study is to determine the principles that apply in assessing concurrent delay. The research is based on case laws analysis, particularly on what ground the judges prefer to use specific approach. After having cases analysis, several findings were resulted: the assessing methods differ from one jurisdiction to another; and a critical path method is recently widely used in the assessing concurrent delay, regardless the successful of the claim. 2012 Thesis http://eprints.utm.my/id/eprint/32450/ http://eprints.utm.my/id/eprint/32450/1/PURNOMOMFAB2012.pdf application/pdf en public http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:83100?queryType=vitalDismax&query=Principle+methods+of+assessing+concurrent+delays+in+construction&public=true masters Universiti Teknologi Malaysia, Faculty of Built Environment Faculty of Built Environment
institution Universiti Teknologi Malaysia
collection UTM Institutional Repository
language English
topic T Technology (General)
spellingShingle T Technology (General)
Purnomo, Purnomo
Principle methods of assessing concurrent delays in construction
description One type of delay that often give rise to dispute is concurrent delay, where contractor delay occurs or has effect concurrently with employer delay. Concurrent delay makes the contractor claiming for extension of time and also possibly claiming for additional cost, while on the other hand the employer stand that the contractor has no right to get extension of time nor additional cost, but liquidated damages that shall be borne. In relation with delay in construction contract, it was clear that various events had occurred concurrently with one another, particularly towards the end of the project, which all potentially caused delays to completion. Some of these were relevant events under the construction contract, and some were events, which were attributable to party(ies) in default. The issue of concurrent delay has been considered at length by courts in various jurisdictions, it opened in somewhat inconsistencies principles in assessing the concurrent delay between one cases to the other. Apportionment methods is less considered under common law, while in particular case law, apportionment methods is in favour. Notwithstanding many interpretations from the court, the objectives of this study is to determine the principles that apply in assessing concurrent delay. The research is based on case laws analysis, particularly on what ground the judges prefer to use specific approach. After having cases analysis, several findings were resulted: the assessing methods differ from one jurisdiction to another; and a critical path method is recently widely used in the assessing concurrent delay, regardless the successful of the claim.
format Thesis
qualification_level Master's degree
author Purnomo, Purnomo
author_facet Purnomo, Purnomo
author_sort Purnomo, Purnomo
title Principle methods of assessing concurrent delays in construction
title_short Principle methods of assessing concurrent delays in construction
title_full Principle methods of assessing concurrent delays in construction
title_fullStr Principle methods of assessing concurrent delays in construction
title_full_unstemmed Principle methods of assessing concurrent delays in construction
title_sort principle methods of assessing concurrent delays in construction
granting_institution Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department Faculty of Built Environment
publishDate 2012
url http://eprints.utm.my/id/eprint/32450/1/PURNOMOMFAB2012.pdf
_version_ 1747816005229346816