Marshall, J J (2008) City Inn v. Shepherd: A matter of judgement. Proceedings of Institution of Civil Engineers: Management, Procurement and Law, 161(2), pp. 71-75. ISSN 17514312
Abstract
The recent Scottish case of City Inn Ltd v. Shepherd Construction Ltd provides some instructive guidance on how a contractor's entitlement to extension of time should be assessed. In particular, the court looked at the inherent weaknesses of computer-based delay analysis techniques and expressed the view that older, precomputer techniques may be more reliable. In addition the court clarified how concurrent delays should be treated, concluding that liability for the delay should be apportioned between the parties on the basis of 'causative significance' of the delays. This paper explores the various methodologies used by analysts for assessing delay and considers the implications of this Scottish decision. The paper also explains the complications that can be caused by concurrent delays and welcomes the straightforward and pragmatic approach adopted in this case.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | contracts & law; management; planning & scheduling |
| Index terms: | liability, scheduling, methodology, delay analysis |
| Subjects: | project controls, research methods, liability law, operations research |
| Topics: | Legal Issues, Research Practice, Time Control |
| Descriptive scope: | 3 PCT |
N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here