http://www.michael-gerard.co.uk/blog Mon, 08 Sep 2008 12:53:27 +0000 http://backend.userland.com/rss092 en The Courts Approach to Concurrent Delay Think you know about delay analysis? Think you know about concurrency? Think again! The Society of Construction Law’s Delay and Disruption Protocol defines concurrency as “True concurrent delay is the occurrence of two or more delay events at the same time, one an Employer ... http://www.michael-gerard.co.uk/blog/resources/briefing-on-concurrent-delay/ Welcome to our new and improved online base of operations. © Michael Gerard Consulting Limited February 2008 http://www.michael-gerard.co.uk/blog/news/welcome-to-michael-gerardcouk/ When pre-determined damages for delay are considered a penalty Have you ever �entered� into a contract without giving the sum quoted for delay damages much thought until the time that the damages were deducted from a payment? It has happened to the best of them! In this briefing, we examine the ... http://www.michael-gerard.co.uk/blog/resources/briefing-on-damages-q4-2007/ Recent Projects… Adjudication… • Representation in Adjudication proceedings on behalf of the Referring Party main contractor during the second quarter 2007, successfully arguing that the Practical Completion Certificate issued under the JCT MW 1998 remained valid despite its purported ‘cancellation’ by the Contract Administrator (see our Autumn 2007 briefings). • Successful representation in Adjudication proceedings ... http://www.michael-gerard.co.uk/blog/news/news-q4-2007/ Receivership of a Company prevents a notice of intention to withhold from biting Article by Michael P. Gerard MSc, PGDipLaw, PGDipBar, FCIOB, MCIArb, MAE Barrister, Chartered Builder, Registered Adjudicator & Accredited Expert Case: Melville Dundas Ltd and Others v George Wimpey UK Ltd and Others [2007] UKHL 18Before Lord Hoffmann, Lord Hope of ... http://www.michael-gerard.co.uk/blog/resources/briefing-on-adjudication/ The effect of a Practical Completion Certificate under the JCT All standard forms of contract provide for the issuing of a notification when practical completion has been achieved. The JCT 2005 suite of contracts provide for the certification of practical completion of the Works when in the opinion of the ... http://www.michael-gerard.co.uk/blog/resources/briefing-on-practical-completion-q3-2007/ Repudiation The general rule is that a breach of contract will not entitle the innocent party to treat the contract as discharged. The exception to this rule is where there is seriously defective performance or a refusal to perform which amounts to a repudiatory breach of contract, and the innocent ... http://www.michael-gerard.co.uk/blog/resources/briefing-on-repudiation-q3-2006/ Evidence� Adjudication is an extremely effective dispute resolution process � but it is vital for a party to adjudication to have a thorough understanding of both the process and the key ingredients that are required in order to minimise the risk of receiving an adverse decision. There is nothing worse ... http://www.michael-gerard.co.uk/blog/resources/briefing-on-evidence-q2-2006/ Retrospective Delay Analysis in Construction Contracts The many different methods of retrospective delay analysis can be divided into 3 groups: Non-critical path; static critical path; dynamic critical path. The 2 predominant areas are static and dynamic. Static critical path analysis is largely inferior to a dynamic critical path analysis ... http://www.michael-gerard.co.uk/blog/resources/briefing-on-retrospective-delay-analysis-q1-2005/ Adjudication Statutory adjudication has been with us for just over 6 years and in that time it has become the most popular method of dispute resolution; there have been some 12,000 referrals and only around 30 reported refusals to enforce by the courts. Most referrals are to the RICS ... http://www.michael-gerard.co.uk/blog/resources/briefing-on-adjudication-q4-2004/