Construction Law - Forensic Planning
Tuesday, September 23rd, 2008JCA 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.
JCA 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.





It’s already September…
JCA have today been awarded a consulting contract for Project Planning services on the Boddington Gold Mine Project.
For reference here is JCA’s basic thoughts (wrong or right) on this matter.
Kirsty Caporn - Kirsty a local Perth-ite has private sector planning and coordination experience from the Defence industry. With JCA keen to further build on our presence in Defence projects Kirsty’s arrival is a welcomed addition. Kirsty will initially be filling in JCA’s West Perth offices, helping with our in house planning projects, with a view to site based consulting roles in due course.
Ali Shirazi - Joins JCA as a highly skilled and experienced planner/controller from Iran. Having work throughout the Middle East, on major Oil and Gas Projects, Ali is also a welcomed new arrival for JCA. Ali has immediately been snapped up by one of our clients and assigned to the Alkimos Water Treatment project, and will soon be availble for on-shore Oil & Gas Projects.
For most however it’s a time for assessing the year, forecasting final results, and rewarding staff for a another busy year. In retail it’s time for end of finacial year sales, with sale staff frantically trying to get stock out the door. As a consulting firm, our stock is our collective interlect and knowledge (our area of expertise -Project Planning) and as it stands, our customer base was already screaming for that stock all year.
Held at the Perth Convention & Exhibition Centre, the conference has seen delegates from all over Australia and overseas converge on JCA’s doorstep. Some are here the for junket and some here to hear and see some excellent technical and commercial seminars.