Course Content
Part I: Introduction To Construction Law
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The Emergence of Construction Law – The 5 Forces
04:29
Force #1: The Construction Environment
04:58
Force #2: The Governance Structure of Standard Form Contracts
04:45
Force #3: The Specialised Construction Legislation
06:03
Force #4: The Common Law Adaptation For Construction Industry
05:28
Force #5: Contribution of Industry Reform Movement To The Making Of Construction Law
08:03
Part II Types of Construction Contract
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Why Picking the Right Contract Model Matters?
06:33
The 8 Levers That Decide Your Procurement Route
24:09
Construction Contract Models: A Comprehensive Guide
24:28
Open Price Contracts
Build Only Contracts
What are Design & Build (D&B) Contracts?
Characteristics of Lumpsum & Fixed Price Contracts
Cost Reimbursable Contracts or Cost Plus Contracts
Measurement Contracts
Interpretation of Contracts: Introduction
Interpretation of Contracts: Indian Perspective & Lord Hoffmann’s 5 Principles
Interpretation of Contracts: The English Law Perspective
Part III: Core Legal Concepts in Construction
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The Contract Programme: Definition, Industry Standards, Elements and Practise Directions
The Critical Path Method (CPM)
How to Choose and Use the Contract Programme to Prove Delay Claims (Using Howard Contracting as a Case Study)?
Introduction: Acceleration of Works
Understanding Types of Acceleration
13:10
Principle of Optimal Use of Resources
What’s the Duty to mitigate? Extent and Method
Differences in Approach: Mitgation Law in US, UK, India and Australia
13:05
Proving Acceleration and Quantification Issues
Extension Of Time And Time At Large
EOT & Acceleration
Understanding the Site Possession and Connected Issues
Appropiation of Payments: Legal Principles and Practice
Contemporaneous Records in Construction Disputes
Float: Definition, Significance, Delay Impact, and Application
Types of Float
Float Ownership: A Comprehensive Guide
Practical Completion and De Minimis Principle
Doctrine of Substantial Performance
Estoppel: A Shield Against Inconsistency
Prolongation, Acceleration and Disruption
Waiver and Equitable Estoppel in Construction Law
What is a Reasonable Time To Complete Works?
Part IV: General Principles of Common Law
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Duty of Care, Skill and Judgment
Fitness For Purpose: A Higher Obligation in Construction Contracts
Implied Terms in Construction Contracts
Satisfactory Quality: Understanding Implied Terms and Quality Standards in Construction law
Classification of Contract Terms: Condition, Warranty and Innominate
Limitations on Freedom of Contract and Unconscionability In Construction Law
Differentiation Termination, Repudiation and Recession of Contract
How To Terminate A Contract?
Part V: Advanced Principles in Construction Law
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Causation: A litigation perspective.
Breaking The Chain Of Causation: Doctrine of Novus Actus Interveniens
Prevention Principle: An Analytical Review
Prevention Principle versus Time Bar Clauses: A Conflict of Principles
Identifying Condition Precedent Clauses in Construction Contracts
Mastering Notice Requirements for Successful Claims Management
Time-Limit to Serve Condition Precedent Notice
Unforeseen Site Conditions: Contractors Obligation to Inform Itself
Doctrine of Mitigation: Significance, Method and Strategies
Duty To Warn
Types of Liabilities: Impact of Failure to Warn
Foreseeability In Construction Law: Precedents Perspective
Classification of Breaches
Measuring Seriousness of Breach
Part VI: Variations, Alterations and Change Orders
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Understanding Variation
Variation, Alterations and Change Orders
Scope Of Variation: Restriction on employers power to instruct
Variation: Valuation Principles
6 Conditions To Claim Payment Due On Variation
Impact of Indexation and Fluctuations on Variation Claims
Evaluating Variation Beyond The Contract: Doctrine of Cardinal Change
Consequences Of Variation Outside Contract Scope
Framework for Measurement of Variations
Part VII: Analysing Delays & Disruptions: Legal Precedents and Law of Evidence
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Introduction To Delay And Disruption in Construction Law
Understanding Types of Delay
Critical and Non-Critical Delays: Determination and Analysis
Concurrent Delay: Henry Boot Principle, Borealis Test, Comparative and Divergent Approaches
Excusable and Inexcusable Delays: Methods to Decipher The Type Of Delay
Compensable and Non-Compensable Delays
Apportionment Approach to Causal Analysis
Dominant Cause Approach: Limitations and Applicability
First Past the Post Approach to Concurrent Delays: Approach and Limitations
Devlin’s Approach: A critical framework to determine liability and compensation in concurrent delay scenarios
How concurrency changes legal treatment of acceleration costs?
Forensic Concurrency Matrix: A system to legally validate claims.
Module 1: The Problem – Need For Forensic Approach To Deconstructing Delay Claims
10:04
Module 2: Nature Of Delay And Its Relation with Extension of Time and Liquidated Damages
08:44
Step 1: Building The Project Facts Timeline
08:37
Step 2: Understanding Forensic Matrix and Running on Facts
00:00
Step 3: From Analysis To Buidling Tribunal Ready Evidence
06:59
Step 4: Using Forensic Matrix As a Negotiation Tool, Drafting Notices and Written Memorial For Arbitration.
10:54
Part IX: Employer’s Obligation
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Obligation To Pay
Duty To Cooperate
Who is liable when neither contractor nor employer is responsible for delay?
Part X: Contractors Obligation
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Contractors Liability For Materials and Workmanship: Principles & Practice
Standard of Workmanship in Construction Contracts
Duty Of Designers and Architects
Contractors Obligation of Costs
Part XI: Building Claims
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What is a breach? Distinct claims category in construction industry
Breach on repudiation
1. Global Claims
2. Delay Claims
3. Extension of Time Claims (EOT)
4. 5 Steps To Prove Acceleration Claim and Quantification Methods
5. Prolongation Costs Claims
6. Lost Productivity Claims
7. Head Office Overhead Claims
8. Claim For Wrongful Termination
Part XII: Types of Damages in Construction Law
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Types of Losses in Construction Projects
Measure of Damages
Rule in Hadley v Baxandale
No Damage For Delay Clauses
Should Damages be Assessed on Date of Breach?
Currency Fluctuation – Impact of Changes in Exchange Value
Assignment
Wasted Expenditure
Loss of Use of Premises
Distress and Incovenience Damages
Damages on Termination
Liquidated Damages & Time at Large
Management Costs
Formula Method To Assess Damages
Shortcomings of Formula Assessment
Part XIII: Remedies
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Injunction
Termination
Specific Performance
Frustration of Contract
Arbitration Clause: Appointment, Procedure and Choice of Law
Bonus: Training in FIDIC Suite of Contracts (Upcoming)
Bonus: Case Studies of Important Precedents in USA, UK, Australia and India (Upcoming)
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Radford v. De Froberville
Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd
Hadley v. Baxandale
Trebor Basset Holdings Ltd v. Cadbury
Multiplex Constructions (UK) Ltd v Honeywell Control Systems Ltd
Balfour Beatty v Chestermount Properties
City Inn Ltd v Shepherd Construction Ltd
North Midland Building v. Cyden Homes Ltd
Royal Brompton Hospital NHS Trust v Hammond & Others
Walter Lilly & Co Ltd v Giles Patrick Cyril Mackay
Obrascon Huarte Lain SA v. AG for Gibraltar
Ascon Contracting Ltd v Alfred McAlpine Construction Isle of Mann Ltd
Adyard Abu Dhabi v SD Marine Services
Rotherham Metropolitan Borough Council v Frank Haslam and Co
Leeds City Council v Waco UK Ltd
ConstructLegalPro
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