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Treatment of Concurrent Delays and the Prevention Principle in Construction Delay Claims

机译:施工延迟索赔中并发延误的处理与预防原则

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Delays are bound to be experienced on construction projects, and numerous taxonomies have been devised for their classification. Delay-related events that are found to be particularly caused by owners or contractors are likely to give rise to delay concurrency disputes. Another form of difficulty arises when such disputes involve the alleged triggering of the prevention principle in respect of a relevant delay event that is caused by the owner. The paper aims at tackling the treatment of concurrent delays under those conditions that lend themselves to the triggering of the prevention principle. The adopted methodology involved a review of the literature on the types of construction delays and the difficulties associated with their identification and measurement, as well as their patterns of occurrence, including delay concurrency and pacing. It further involved a review of a number of relevant case law on the subject, which allowed a set of lessons learned to be withdrawn. The methods of enquiry that were observed to have been relied upon in deriving resolutions involve the employment of the malmaison approach, the dominant approach, and/or the apportionment approach. The lessons learned are found to have revolved around several critical factors that have been identified to include: the timing at which the events took place, the sequencing with which the events occurred, the level of ambiguity of the contract clauses related to the concerned delay events, and the responsibility for carrying the burden of proving that the relevant events have indeed affected completion.
机译:延误必然会在建设项目上经验丰富,并为其分类设计了许多分类。被发现特别由所有者或承包商尤其造成的延迟相关事件可能会导致延迟并发纠纷。当这种争议涉及关于由所有者造成的相关延迟事件的涉嫌触发预防原则的涉嫌触发预防原则的另一种困难。本文旨在解决在这些条件下处理同时延迟的处理,这些条件赋予预防原则的触发。采用的方法涉及对建筑延误类型的文献以及与其识别和测量相关的困难以及它们的发生模式,包括延迟并发和起搏。它进一步涉及对该主题的一些相关案件法的审查,这允许一系列学习撤销的经验教训。观察到依赖决议所依赖的调查方法涉及就业,雇用马马医生方法,主导方法和/或分配方法。发现的经验教训已经围绕了已经确定的几个关键因素,这些因素包括:事件发生的时间,事件发生的排序,与有关延迟事件相关的合同条款的歧义程度以及承担证明相关事件的负担的责任确实受到影响。

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