Podcast Location:
Download it here [file size: 31.9 MB]
Categories:
Procurement & Outsourcing
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This two part CPDcast series aims to examine the keys issues and principles surrounding delay, progress and progamming in construction. Part 1 looks at typical events affecting progress and completion and typical contractual provisions as to time, progress, and damages for delay. Part 2 looks at principles relevant to obligations as to time, progress, programming and damages for delay.

Outcomes:
After completing the course you will:
  • Know what typical events might effect progress and completion;
  • Understand who will be responsible for these delays;
  • Appreciate the typical contractual provisions that cover time, progress, programming, acceleration and damages for delay;
  • Know which forms are used for time extensions and the notice requirements for extensions of time;
  • Understand the prevention principle;
  • Appreciate how the prevention principle fits in with liquidated damages arrangments;
  • Know the leading decisions in Holme v Guppy and Dodd Churton.
Level:
Specialist Difficulty: 5 of 5
Classification:
Practical Guide
Procedural
Sources and References:
  • The FIDIC Conditions of Contract for Construction 1999;
  • The International Form of Contract (Lump-Sum Contracts);
  • Form MF/1;
  • The Engineering Advancement Association of Japan Model Form of International Contract for Process Plant Construction;
  • The NEC3 Engineering and Construction Contract 2005;
  • Holme v Guppy (1838) 3 M&W 387;
  • Dodd v Churton [1897] 1 QB 562.

In this two part CPDcast, Tony Marshall, a Partner at Hogan Lovells, discusses delay, progress and programming in construction.

In part 1 he examines typical events affecting progress and completion, typical contractual provisions as to time, progress, programming, acceleration and damages for delay, and he also begins to discuss principles releavant to obligations as to time, progress, programming and damages for delay namely the prevention principle.

In part 2 he continues to examine the prevention principle and also discusses the Gaymark Principle which pertains the notification of claim a condition precedent, the inherently unworkable extension of time provisions, failure to operate on extension of time provision, the issue of clear language, what constitutes a reasonable time for completion, and finally principles concerning concurrent delay.

Podcast last reviewed: 2012-02-27

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