Podcast Location:
Download it here [file size: 36.5 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:
  • Understand how the prevention principle and liquidated damages were handled in the case of Peak Construction;
  • Know the issues surronding the Gaymark Principle;
  • Understand the ruling in Multiplex Construction;
  • Know the rules surrounding time extensions;
  • Know the principles relating to clear language;
  • Understand what constitutes a reasonable time for completion;
  • Appreciate the principle of concurrent delay.
Level:
Specialist Difficulty: 5 of 5
Classification:
Case Update
Legal Principles
Practical Guide
Sources and References:
  • Peak Construction (Liverpool) Ltd v McKinney Foundations Ltd (1970) 1 BLR 111;
  • SMK Cabinets v Hili Modern Electrics Pty Ltd [1984] VR 391;
  • Gaymark Investments Pty Ltd v Walter Construction Group Ltd (2000) 16 BCL 449;
  • Multiplex Constructions (UK) Ltd v Honeywell Control Systems Ltd (No 2) [2007] EWHC 447;
  • Steria Ltd v Sigma Wireless Communicationd Ltd [2008] BLR 79;
  • Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79;
  • Bramell and Ogden Ltd v Sheffield City Council (1983) 29 BLR 76;
  • Arnold and Co Ltd v Attorney-General of Hong Kong (1989) 47 BLR 129;
  • Hawl-Mac Construction Ltd v Candle River (1984) 60 BCLR 57;
  • Anderson v Tuapeka County Council (1900) 19 NZLR;
  • Amalgamated Building Contractors Limited v Waltham Holy Cross UDC [1952] 2 All ER 452;
  • Wells v Army and Navy Co-operative Society Ltd (1902) 86 LT 764;
  • Hick v Raymond Reid [1893] AC 22.

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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