Archive for September, 2008

Construction Law - Forensic Planning

Tuesday, September 23rd, 2008

JCA are repeatedly being commissioned (and more frequently) for Delay and Disruption Disputes, either to independantly adjudicate on time impacts of delay events, or to build claims for Extension of Time.

However it seems that there is a severe lack of understanding of the principles behind delay and disruption disputes by both contractor’s and developers. Developers (and their superindentants) are not specifying adequately the necessary planning methodology (for the contractor to adhere to) to avoid disputes. Likewise Contractor’s are not using suitable planning methodology to help justify their claims. Some are trying but seem to be more focused on developing proceedures to suit the planning software, rather than dealing with more useful procedures for avoiding delay and disruption disputes.

The Society of Construction LawJCA recomend that all parties to a contract, before entering into contract, agreed to adopt the planning/scheduling principles as set out in “The Society of Construction Law - Delay and Disruption Protocol” (Oct 2002 www.eotprotocol.com). This is a protocol developed internationally for Construction contracts, and is used by Australian Arbitrators.

Were not saying that by adopting better practices that delays will be avoided… Delay and disruption will always ocur on construction contracts, however, by both parties adhereing to better planning protocols, then the measurement and adjudication when dealing with delays will be easier, and therefore help to avoid disputes, or escalatation to costly arbitration/litigation.

Where did 2008 go?

Monday, September 8th, 2008

septemberIt’s already September…
I hear whispers that Christmas decorations are already starting to appear in random places….where did the year go ?

At JCA we are seeing a new rush of demand for services, which has made us re-assess our resource needs. We’re currently on the hunt for some very experienced planners to add to our quality team.

Area’s which have seen particular need for expansion include:
* Forensic Planning services - we seem to have a number of Law firms requiring our services, especially for building construction projects.
* Planning for Shutdowns - on major processing plants in the resource sector.

This time last year we were expecting a slight downturn in planning requirements for new projects, however works in this area have also maintained at high demand.

Then again when Mr James Clark started the business in 1980, he thought this “Project Planning” stuff might not last and gave it a couple of years before he’d have to do something else.