Concurrent Delay in Canada – What Now?

In this article Capital Consulting International’s Seán Hollywood FRICS, FCIOB, MCIArb, PQS, MSc, BSc (Hons) opines on why Concurrent Delay relating to Construction Projects has been the subject of much debate over the years. By their very nature Construction Projects are often multifaceted bringing together multiple resources to carry out various activities of varying durations, […]

The Global Construction Industry is Changing – Will you be Left Behind?

In this thought leadership piece Steven Root B.Eng (Hons), a Delay, scheduling and risk expert at Capital Consulting International, provides expert opinion on why it is vital for construction professionals to keep abreast of the latest digitalisation trends and advances. Steve explains why embracing digitalisation can result in greater certainty, more efficient analysis, and a […]

Provisional Sums – Back to Basics Part 3 – (under JCT Contracts)

The third and final part of this series considers further case law related to provisional sums. Omitted Provisional Sums and Breach of Contract Under JCT contracts, where provisional sums are incorporated, they form part of the scope of the Works whether or not the provisional sum is defined and irrespective of the level of detail […]

Provisional Sums – Back to Basics Part 2 – (under JCT Contracts)

Part 1 of this series on provisional sums considered a pertinent case law definition, and the contractual procedure for how such works shall be valued. The second part of this series examines the alternative procedures for the valuation of provisional sums that exist in many of the JCT standard forms. One option is that the […]

Provisional Sums – Back to Basics Part 1 – Definition and Procedure

In this 3-part series of articles we cover provisional sums, including what they are, how they are dealt with under JCT contracts, and a review of the pertinent case law. Part 1 – Definition and Procedure Introduction During procurement of construction projects, it is common for elements of the design or scope to be unfinished […]

Estimating the Cost of Structural Repairs

Accurately assessing the cost of structural repairs is one of the key issues addressed by experts in construction arbitration and litigation. In this article D. Neil Sinclair gives useful advice to ensure that an accurate costing is achieved, as well as explaining why it is an extremely useful business tool. Any repair project is a […]

Prolonged or Elongated?

Introduction During a lecture given by a construction judge, I made the following handwritten note on my handout. “It is clear and understandable that the law permits those whose tenure on site has been extended involuntarily, the opportunity to be repaid for their additional time.” Twenty years have passed since I made that note but […]

Loss of Productivity Claims: Where do we begin?

Introduction Production loss claims are one of the key issues addressed by quantum experts in construction arbitration and litigation, and because such a variety of factors can cause lost productivity, such claims are notoriously difficult to evidence. The primary problem that we encounter when trying to value lost production is that we often begin from […]

How a forensic engineer differs from a design engineer

When there is a structural failure, it is important to understand the differences between the expertise and skills required to investigate that failure as opposed to the skills required to design and construct a new structure. For forensic engineers, ‘detective’ skills, in addition to ‘design’ skills, are a key requirement.  A good forensic engineer will […]