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ACUMEN FUSE SCHEDULE QUALITY INDEX™: UNDERSTANDING THE METHOD

December 2017

What are the differences between activity-based and metric-based approaches when using Acumen Fuse Schedule Quality Index™? Senior Analyst Mariusz Wiechec explores the methods and the outcomes.

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DELAY ANALYSIS, A VALUABLE TOOL OR ‘BLACK MAGIC’?

November 2017

Is delay analysis a valuable tool to resolve disputes or is it, simply, overly complex “black magic”?” Read HKA’s experts Phil Urwin and Rocco Vespe views in this thought leadership article.

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COST ENGINEERS & TRANSPORT INFRASTRUCTURE: THE VITAL ROLE COST ENGINEERS PLAY IN MAJOR PROJECTS

November 2017

Australia Lead Consultant Kaveh Kia discusses the vital role Cost Engineers play in major projects, citing major Australian infrastructure projects where a Cost Engineer could have significantly reduced the risk of cost overruns.

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“HOW MUCH?!” – EXPECTATIONS V ASPIRATIONS – RIVA PROPERTIES LTD & OTHERS v FOSTER & PARTNERS LTD

November 2017

“As well as providing some insightful comment in respect of both expert and factual witnesses, the recent judgment on 18 October 2017 by The Honourable Mr Justice Fraser in the Riva Properties Ltd v Fosters and Partners case, in my opinion, goes to the heart of a client’s expectations of a professional adviser.”

Hamish Clark, Technical Director, UK

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A REMINDER ON PAY LESS NOTICES

October 2017

A reminder of the detail required to be included in Pay Less Notices was set out in Lord Bannatyne’s opinion in the Scottish case of Muir Construction Ltd v Kapital Residential Limited [2017] ScotCS CSOH 132. The parties negotiated and entered into a “Settlement Contract” which contained provisions for Kapital to withhold retention money until the completion by Muir of any outstanding defects.

Martin Campbell, Managing Consultant at HKA, explains when preparing a payment notice or pay less notice, an Employer or Contractor must ensure three key steps are complied with to successfully withhold monies.

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WATCH OUT, WATCH OUT … CONCURRENT DELAY IS BEING STRUCK OUT!

October 2017

The subject of concurrent delay has been before the English courts on many occasions. The conventionally accepted approach of dealing with concurrency was described by Dyson J in Henry Boot Construction (UK) Ltd v Malmaison Hotel (Manchester) Ltd (1999) 70 Con LR 33 as follows: “… if there are two concurrent causes of delay, one of which is a relevant event, and the other is not, then the contractor is entitled to an extension of time for the period of delay caused by the relevant event notwithstanding the concurrent effect of the other event.”

David Gainsbury, Executive Director, discusses the case that sees the fall of concurrent delay.

 

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THE ANALYSIS AND VALUATION OF DISRUPTION

September 2017

Disruption is loss of productivity, disturbance, hindrance or interruption to a Contractor’s normal working methods, resulting in lower efficiency. HKA Partner Derek Nelson provides valuable insight into the analysis of this common yet notoriously difficult to prove source of claims for additional time and cost. The paper examines commonly used methodologies and highlights cause and effect between poor record keeping, global claims and diminished prospects in courts or ADR proceedings. Derek introduces readers to the “triad of proof” necessary for successful disruption claims.

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Prolongation Cost Claims – The Basic Principles

August 2017

HKA Quantum Expert, Craig Enderbury, sets out the basic principles of prolongation cost claims using a simple and hypothetical example. He highlights the common pitfalls of assuming time equals money and the misguided application of rates and prices from preliminaries schedule of rates/bill of quantities.

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