ABSTRACT

This chapter considers how to deal with unplanned or unusual events. Variations arising from poor quality of design and decision-making avoided and it is essential rather than nice-to-have changes or plain mistakes. A vital factor in the successful control of variation is the timing of price negotiations. In the late 1990s major changes occurred in the ways in which disputes under a contract can be resolved, especially if the contract falls within the definition of a construction contract under the Housing Grants Construction and Regeneration Act 1998. Claims for delay and disruption are never easy although those for site work where the facts can often be established from contemporary site records are easier than those for overheads. The chapter also considers the impact of the Construction Act 1998 and the Arbitration Act 1996, both of which arose partially out of the Latham Report and examines the response of contracting practice to them. The chapter describes adjudication procedures.