Construction Contracts & Law CB514 - Lecture 6
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Questions and Answers

A delay on a non-critical activity affects the completion date of the contract.

False (B)

Delays on non-critical paths are considered in project timelines.

False (B)

Completion dates can be influenced by critical path activities.

True (A)

Non-critical activities do not impact the contract's completion date.

<p>True (A)</p> Signup and view all the answers

The completion date of a project is solely determined by critical activities.

<p>True (A)</p> Signup and view all the answers

The contractor is entitled to time extensions from the client.

<p>False (B)</p> Signup and view all the answers

Liquidated damages may be paid by the contractor according to the contract.

<p>True (A)</p> Signup and view all the answers

The contractor can receive monetary recompense from the client.

<p>False (B)</p> Signup and view all the answers

Only liquidated damages can be claimed by the contractor.

<p>True (A)</p> Signup and view all the answers

The client owes nothing to the contractor regarding damages.

<p>True (A)</p> Signup and view all the answers

Compensable delays are those over which the contractor has control.

<p>False (B)</p> Signup and view all the answers

Excusable delays are situations where neither party has control over the delay.

<p>True (A)</p> Signup and view all the answers

Non-excusable delays are caused by the client's actions or inactions.

<p>False (B)</p> Signup and view all the answers

Concurrent delays can occur when both parties contribute to the delay.

<p>True (A)</p> Signup and view all the answers

Non-excusable delays refer to delays over which neither party has control.

<p>False (B)</p> Signup and view all the answers

Excusable delays are caused by unforeseen future events that the contractor is unaware of.

<p>True (A)</p> Signup and view all the answers

A time extension is the sole relief for delays that are excusable.

<p>True (A)</p> Signup and view all the answers

Material shortages expected at the time of bidding can be classified as excusable delays.

<p>False (B)</p> Signup and view all the answers

Impracticable tasks for a contractor must be completed to avoid any delays.

<p>False (B)</p> Signup and view all the answers

Excusable delays can occur due to factors within the contractor's control.

<p>False (B)</p> Signup and view all the answers

Concurrent delays that include an excusable delay are generally classified as non-excusable delays.

<p>False (B)</p> Signup and view all the answers

Excusable delays and compensable delays can be classified together in delay analysis.

<p>True (A)</p> Signup and view all the answers

There are four main types of delays identified in construction delay analysis.

<p>True (A)</p> Signup and view all the answers

Compensable delays and excusable delays are mutually exclusive categories.

<p>False (B)</p> Signup and view all the answers

Non-excusable delays can be classified only with other non-excusable delays.

<p>False (B)</p> Signup and view all the answers

The as-planned schedule of a contract is the final schedule used for project completion.

<p>False (B)</p> Signup and view all the answers

The contractor is not entitled to time extensions for delays that are not on the critical path.

<p>True (A)</p> Signup and view all the answers

Both the as-planned and as-built schedules provide a record of the project's duration and activities.

<p>True (A)</p> Signup and view all the answers

The notation 'c' represents compensable delays in the delay analysis.

<p>False (B)</p> Signup and view all the answers

Retrospective delay analysis includes techniques such as as-planned versus as-built comparisons.

<p>True (A)</p> Signup and view all the answers

In concurrent compensable delays, each party is allowed to recoup all their losses.

<p>False (B)</p> Signup and view all the answers

The advantages of the as-planned versus as-built method include its complexity and higher costs.

<p>False (B)</p> Signup and view all the answers

The impact of delays on critical paths is important for determining project completion dates.

<p>True (A)</p> Signup and view all the answers

Flashcards

Non-critical activity delay

A delay in a non-critical activity does not affect the contract's completion date.

Critical path

The sequence of tasks that determine the overall project completion time.

Non-critical path

A path in a project that does not affect the final deadline.

Project completion date

The date by which a project must be finished.

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Delay on non-critical path

Delaying a task not on the critical path doesn't delay the overall project.

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Compensable Delays

Construction delays caused by the client's actions

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Non-excusable Delays

Construction delays due to the contractor's actions or inactions.

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Excusable Delays

Delays caused by factors outside the control of both parties.

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Concurrent Delays

Delays where both parties are responsible for contributing to delays.

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Contractor's actions/inactions

Contractor's mistakes or omissions that result in construction delays.

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Contractor's entitlement

The contractor is not entitled to additional time or money from the client for delays.

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Liquidated damages

The contractor may have to pay a predetermined amount of money for delays, as stipulated in the contract.

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Contractual obligation

The contract dictates the consequences of delays, like liquidated damages.

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Delay responsibility

The contractor bears the responsibility for delays and potential financial penalties.

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Financial consequences

Delays can lead to monetary losses for the contractor, due to liquidated damages.

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Unforeseen Future Events

Events that were not expected at the time of bidding and impact the project negatively.

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Impracticable Events

Situations where completing the project is possible, but only at an exorbitantly high cost.

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Material Shortage

A lack of necessary materials that was unexpected during the bidding process.

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Time Extension

A formal agreement to extend the project's completion date due to excusable delays.

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How are Concurrent Delays Handled?

Concurrent delays involving excusable factors are generally considered excusable delays, allowing the contractor to potentially receive extensions.

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As-Planned vs As-Built

A construction delay analysis method that compares the original project schedule (as-planned) with the actual progress (as-built) to identify delays and their causes. It involves creating time-scaled diagrams showing the start and finish dates of each activity.

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Study Notes

Construction Contracts & Law CB514 - Lecture 6

  • Course is taught by Dr. Kareem Adel
  • Lecture number is 6
  • Topics covered in the agenda include Introduction, Types of construction contracts (Part 1 & 2), Project Delivery System (PDS), Tendering Process/Procedure, 7th week Exam, Contract and Tender Documents, Claims and Dispute Resolution, Construction law – Egyptian Civil Code, Construction law – Egyptian Government procurement law, 12th week exam, FIDIC Suite of International Contracts (Part 1 & 2)

Claims and Dispute Resolution

  • A claim is a request by a contractor to the owner/consultant for what they believe is their right regarding time and money
  • Claim triggers include changes in design/specifications, owner suspension of works, delayed owner payments, delayed approvals/drawings, additional/omitted works, increased quantities, force majeure, delays by third parties, penalties, unforeseen conditions, and premature/early contract terminations.
  • Different types of claims include extensions of time, acceleration claims, variation claims, delayed payment claims, suspension of work claims, termination claims, disruption claims, and exceptional events claims.
  • Common contents of claims when presenting their case to the architect include an introduction, sequence of events, entitlement, quantification, and documentation.
  • A flow chart describing the stages of handling construction claims is included (see page 6)
  • Different dispute resolution methods are explained (page 7)

Construction Delay Analysis

  • Construction contracts may be delayed for many reasons
  • A delay on a non critical activity does not impact the project completion date
  • Compensable delays are those over which the client has control
  • Non-excusable delays are those over which the contractor has control
  • Excusable delays are those over which neither party has control
  • Concurrent delays are two or more delays occurring simultaneously and impacting project timelines. Types of concurrent delays include excusable and non-excusable delays; excusable delays and compensable delays; and compensable delays and non-excusable delays
  • As-Planned VS As-Built Analysis Methods are explained with diagrams (pages 17-29).

Analysis Methods

  • Retrospective and Prospective Delay Analysis Techniques are presented.
  • Different delay analysis methods such as "As-Planned VS As-Built" are discussed and exemplified through diagrams (pages 17-36).
  • Time Impact Analysis is a preferred method to resolve complex delay disputes (page 31).
  • Computerized reports are discussed for delay analysis (page 38).

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Description

This quiz covers Lecture 6 of the Construction Contracts & Law course by Dr. Kareem Adel. Topics include types of construction contracts, project delivery systems, the tendering process, and claims and dispute resolution, with a focus on Egyptian construction law and relevant international contracts.

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