Podcast
Questions and Answers
A compensable delay occurs when the delay is entirely beyond the control of the contractor.
A compensable delay occurs when the delay is entirely beyond the control of the contractor.
False
Concurrent delays happen when two or more delays occur simultaneously, affecting the project completion date.
Concurrent delays happen when two or more delays occur simultaneously, affecting the project completion date.
True
The contractor is entitled to a time extension and monetary recompense if the cause of delay falls within the client's control.
The contractor is entitled to a time extension and monetary recompense if the cause of delay falls within the client's control.
True
Late delivery of client-supplied materials is considered a non-compensable delay for the contractor.
Late delivery of client-supplied materials is considered a non-compensable delay for the contractor.
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Liquidated damages can be imposed as a penalty for delays caused solely by the contractor's negligence.
Liquidated damages can be imposed as a penalty for delays caused solely by the contractor's negligence.
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Excusable delays are events that a contractor has control over.
Excusable delays are events that a contractor has control over.
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Material shortages expected at the time of bidding do not classify as excusable delays.
Material shortages expected at the time of bidding do not classify as excusable delays.
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The only remedy for excusable delays is a time extension.
The only remedy for excusable delays is a time extension.
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In the case of compensable delays, contractors are entitled to both time extensions and monetary compensation.
In the case of compensable delays, contractors are entitled to both time extensions and monetary compensation.
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Liquidated damages can be imposed for delays under the contractor's control if specified in the contract.
Liquidated damages can be imposed for delays under the contractor's control if specified in the contract.
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Construction delay analysis can be affected by various reasons, including contractual responsibilities.
Construction delay analysis can be affected by various reasons, including contractual responsibilities.
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Compensable delays occur when the owner or contractor is legally responsible for the delay, allowing for potential compensation.
Compensable delays occur when the owner or contractor is legally responsible for the delay, allowing for potential compensation.
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Liquidated damages are penalties imposed for delays caused by third parties.
Liquidated damages are penalties imposed for delays caused by third parties.
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Excusable delays can occur due to unforeseen conditions or events beyond the contractor's control.
Excusable delays can occur due to unforeseen conditions or events beyond the contractor's control.
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All delays in construction projects are compensable regardless of cause.
All delays in construction projects are compensable regardless of cause.
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The method of construction delay analysis often involves evaluating the impact of delays on project timelines.
The method of construction delay analysis often involves evaluating the impact of delays on project timelines.
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Excusable delays do not require any form of documentation to support the claims.
Excusable delays do not require any form of documentation to support the claims.
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Liquidated damages can be established in advance within construction contracts as a predetermined amount.
Liquidated damages can be established in advance within construction contracts as a predetermined amount.
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Delayed payments from the owner can be considered a reason for excusable delays in construction contracts.
Delayed payments from the owner can be considered a reason for excusable delays in construction contracts.
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Contractual responsibilities have no impact on the validity of claims arising from construction delays.
Contractual responsibilities have no impact on the validity of claims arising from construction delays.
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Calculating costs related to claims typically does not require a detailed analysis of the delays involved.
Calculating costs related to claims typically does not require a detailed analysis of the delays involved.
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Negotiation is one of the methods that can be used for resolving disputes related to construction claims.
Negotiation is one of the methods that can be used for resolving disputes related to construction claims.
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Concurrency in delay analysis refers to overlapping delays caused by multiple parties simultaneously.
Concurrency in delay analysis refers to overlapping delays caused by multiple parties simultaneously.
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The obligation to notify regarding claims and associated time periods is irrelevant in delay analysis.
The obligation to notify regarding claims and associated time periods is irrelevant in delay analysis.
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Study Notes
Course Information
- Course Title: Construction Contracts & Law
- Course Code: CB514
- Instructor: Dr. Kareem Adel
- Lecture Number: 6
Agenda
- Week 2: Introduction
- Week 3: Types of construction contracts P1
- Week 4: Types of construction contracts P2
- Week 5: Project Delivery System (PDS)
- Week 6: Tendering Process/Procedure
- Week 7: 7th week Exam
- Week 8: Contract and Tender Documents
- Week 9: Claims and Dispute Resolution
- Week 10: Construction law – Egyptian Civil Code
- Week 11: Construction law – Egyptian Government procurement law
- Week 12: 12th week exam
- Week 13: FIDIC Suite of International Contracts P1
- Week 14: FIDIC Suite of International Contracts P2
Claims and Dispute Resolution
- A claim is a request by the contractor to the owner/consultant for what they believe is their right in terms of time and money.
- Triggers/Reasons for Claims:
- Changes in designs, specifications, dimensions, requirements, or work sequence by owner/consultant.
- Owner suspension of works.
- Delayed owner payments.
- Delayed owner/consultant approvals for drawings or information.
- Additional works.
- Omitted works.
- Increased quantities over contractual limits.
- Force majeure.
- Delays due to third parties.
- Penalties.
- Unforeseen conditions.
- Premature/early contract termination.
- Types of Claims:
- Extension of Time Claims
- Acceleration Claims
- Variation Claims
- Delayed Payment Claims
- Suspension of Works Claims
- Termination Claims
- Disruption Claims
- Exceptional Events Claims
- Common Contents of Claims:
- Introduction
- Sequence of Events
- Entitlement
- Quantification
- Documentation
- Stages of Claim Handling:
- Submitting claim to the engineer within 28 days of the event.
- Providing all claim documents to the engineer within 42 days of the event.
- Engineer's decision within 42 days of receiving documents.
- Contractor's acceptance of engineer's decision.
- If no agreement, referral to dispute resolution committee.
- If no solution, possible arbitration or court.
- Dispute Resolution Methods:
- Acceptance
- Negotiations
- Consultation
- Mediation
- Adjudication
- Litigation
- Arbitration
- Topics Related to Claims:
- Notices for claims and associated time periods
- Employer claims
- Delay Types, Concurrency & Analysis Methodologies (DAMs) Float ownership
- Cost Calculation in claims
Construction Delay Analysis
- Construction contracts may be delayed for various reasons.
- Delays on non-critical activities do not affect the project's completion date
- Types of Delays:
- Compensable: Delays under client control.
- Non-excusable: Delays under contractor control.
- Excusable: Delays due to external forces beyond the contractor's control.
- Concurrent: Multiple delays occurring simultaneously.
Analysis Methods
- As-Planned Vs As-Built
- Retrospective
- Prospective
- As-Planned VS As-Built
- Windows analysis
- Time Impact Analysis
- Computerized Report
- Delay Analysis
- Windows analysis
- Impacted As Planned
- Time Impact Analysis
- Time Impact Analysis- Summary
Time Impact Analysis- Summary
- Time Impact Analysis is the preferred method to resolve complex disputes related to delay and compensation.
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Description
This quiz covers key themes from Lecture 6 of the Construction Contracts & Law course, focusing on claims and dispute resolution in construction projects. It addresses the triggers that may lead to claims and the entitlements contractors seek regarding time and financial issues. Test your knowledge on this vital aspect of construction law!
