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摘要

Since the introduction of the Construction Act, JCT disputes regarding loss and expense and extensions of time have, in the main, been resolved by adjudication. This is perhaps one reason for the high level of interest in the November 2007 opinion of Lord Drummond Young in the case of City Inn vs Shepherd Construction. However, what really provoked discussion was Drummond Young's apparent rejection of detailed critical path analysis in favour of a morernpractical assessment of the impact of delay events, together with an "apportionment" exercise where there was no "dominant cause" of delay. City Inn appealed against Drummond Young's decision, arguing that his approach was misconceived. The Scottish Court of Appeal issued its judgment on 22 July, and it amounts to an endorsement of Drummond Young's approach.