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be commenced and completed, and which activities must logically follow from
preceding activities.
CDM Regulations. The Construction (Design and Management) Regulations 1994. A
set of regulations relating to construction site safety introduced as a result of a European
Union Directive intended to harmonise certain practices across Europe. The Regulations
are aimed at improving the overall management and co-ordination of health, safety and
welfare throughout all stages of a construction project, and accordingly impose statutory
duties of care on the various parties to a project and their personnel.
CESMM. See Civil Engineering Standard Method of Measurement.
change. The term is used to describe any difference between the circumstances, method
and/or content of the contract works as carried out, compared with the method, content
and/or circumstances under which the works are described in the contract documents and
intended to be carried out. This is a wide definition of change to be distinguished from
the US synonym for variation, where in some contract forms, changes for which D bears
the risk are called variations (q.v. ).
Change Management Supplement (CMS). One of a series of supplements amending
various standard forms of contract with the intention of improving Ds ability to manage
its risks of change.6
Chartered Institute of Building (CIOB). The CIOB is the professional institute
charged with establishing, promoting and maintaining standards of excellence in the
construction industry; it represents the construction industry in nearly one hundred
countries. The right to use the initials MCIOB or FCIOB is recognised internationally as
achievement of the premier professional qualification in construction management.
CIOB. See Chartered Institute of Building.
Civil Engineering Standard Method of Measurement (CESMM). A set of
measurement rules, similar to the SMM (q.v. ), produced and intended for use in relation
to civil engineering projects. Now in its third (1991) edition.
Civil Procedure Rules (CPR). The Rules of Procedure of the Supreme Court initiated
by the Woolf Report7 to streamline and make more cost effective the process of civil
litigation in England and Wales. On 29 July 1998 the Lord Chancellor told the House of
Lords that this was the most fundamental reform of the civil justice system since the
Judicature Acts of the 1870s . The Rules became effective to govern all litigation in
England and Wales in which a new step was taken after 26 April 1999.
claimant. The title given in court and arbitration proceedings to the party asserting a
right and upon whom the burden of proof rests in respect of any claim. Previously,
before the introduction of CPR (q.v .), termed the plaintiff.
CMS. See Change Management Supplement.
COFC. See Court of Federal Claims.
collapsed as-built. Sometimes referred to as the as-built-but-for method (q.v. ).8 A
method of delay analysis where the effects of events are subtracted from the simulated
as-built programme to determine what would have been the effect upon completion but
for those events.
compensation. The recovery or payment of money for work done or time taken up
whether by way of valuation, loss and/or expense or damages.9
compensable delay. See reimbursable delay (q.v. ).
compensable event. See reimbursable event (q.v. ).
completion date. The date by which C is contractually obliged to achieve practical
completion10 or substantial completion11 of the contract and hand the works over for
beneficial use. The completion date may not be the same as the date for completion
(q.v. ).
concurrency. A term used to describe two or more causative events occurring over a
calendar period (at least one of which is at Ds risk and at least one at Cs risk) and
where the effects of each may also be experienced over another single calendar period.
Concurrency is sometimes used to describe the circumstances of the effects being
experienced over a single calendar period but where the causative events giving rise to
the effects occur over different calendar periods. This is more correctly termed the
concurrent effect of sequential events.
concurrent delay. A delay to progress, to completion, or to the date for completion
where at least one of the causes of the causative events is at Cs risk and at least one is at
Ds risk. conconfirmation of verbal instruction (CVI). A document issued by C, to confirm oral
instructions issued by the CA or D. In some contracts such confirmation must be issued
within a limited time and not dissented from with a limited time before it becomes of
contractual effect.
constructive acceleration. Acceleration which C is impliedly required to implement as
a result of the actions or omissions of D, or the CA acting on Ds behalf.
constructive change. A change which C is impliedly constrained to implement as a
result of the actions or omissions of D, or the CA acting on Ds behalf.
contemporaneous documents. The documents which come into being as a result of the
performance of the works.12
contingency period. A fixed time duration allocated for an unspecified purpose in
relation to a particular activity, sequence of activities or the works as a whole to be taken
up or deducted as required. It may be for C or Ds use depending upon whether C has set
it aside in its programme for its use or D has required it to be set aside in Cs programme
for Ds use. It is to be distinguished from float (q.v. ), which is unallocated time.13
contingency sum. A fixed sum of money, which C is required to include in its tendered
price for unallocated purposes, usually to be expended, or deducted from the contract
sum as required by D. It is to be distinguished from prime cost and provisional sums
which are sums allocated for a purpose yet to be particularised.
contract administrator (CA). The term given to the person responsible under the
contract for administering the provisions of the contract including determining and
certifying what delay may be excused by the grant of an extension of time, or what
losses or expenses are to be reimbursed. In standard form contracts, this person is
alternatively referred to as the engineer, architect, project manager or superintendent.
contract documents. The documents, usually signed by both parties, defining what is to
be done in consideration for the contract sum. These are the most important of all and
form the starting-point for any analysis of change.
contractor (C). The party responsible for carrying out the works.
contractor improvements. C may offer to introduce changes when superior methods or
materials become apparent. When C initiates such changes purely for its own advantage,
D may avoid increased costs and time allowances provided it chooses its words of
acceptance carefully, otherwise they may constitute a constructive change.14
contractors delay to completion. A culpable delay to completion (q.v. ).
contractors delay to progress. A culpable delay to progress (q.v. ).
contractors risk event. An occurrence, the effects of which are at Cs risk under the
contract.
cost data. The documents referable to the calculation of loss and expense in relation to
any event.
counterclaim. The claim asserted by a defendant or respondent against the claimant.
Under the CPR it is referred to as a Part 20 claim. In principle a counterclaim stands in
its own right. But for the fact that the claim originated earlier, it would have been the
claim.
critical activity. An activity that has a connection to the critical path in a network.
Critical activities may have float and may not necessarily be critical to completion
throughout their duration. For example, an activity that has a start-start relationship with
an activity that is on the critical path (q.v. ) will, by virtue of that connection, have a
critical start. Because of that critical start, it will remain a critical activity even if there is
no constraint at all on its completion. Most computer software programmes indicate
critical activities by either a red outline or as red bars.
Court of Federal Claims (COFC). A US Federal court which frequently hears
construction-related disputes, including appeals from the Boards of Contract Appeals.
CPM. See critical path method.
CPR. See Civil Procedure Rules.
critical delay. A delay to progress that aversely affects a critical activity and causes the
critical path to be extended.
critical path. The sequence of activities through a project network from start to finish,
the sum of whose durations determines the overall project duration.15 In any network
there will be one or more critical paths to each key date (q.v. ).
critical path analysis. The adoption of the critical path method (q.v. ) in the analysis
and/or management of the cause and effect of a type of delay.
critical path method (CPM). A schematic and written description of the sequence of
work that C plans to use to manage the progress and completion of the works, based
upon a network illustrating the activities that must be accomplished with their mutual
logical dependencies and durations.
culpable delay. A delay to progress or a delay to completion caused by an event, which
is at Cs risk and for which it is not entitled to relief nor compensation for the effects
thereof. The SCL Protocol describes this as contractor delay.16
culpable delay to completion. A delay to the completion date caused by a contractor
risk event (q.v. ).
culpable delay to progress. A delay to progress caused by a contractor risk event (q.v. ).
cumulative impact. The impact identified as caused by the consequential effects of an
event as opposed to the direct effect of an event.
cumulative impact costs. Costs associated with the impact on work not directly
associated with the event itself.
CVI. See confirmation of verbal instruction.
D. See developer.
dangle. An activity in a network that has no dependent successor. Also referred to as an
open end (q.v. ).
data date. The date upon which the status of an as-planned programme (q.v. ) is
established in relation to progress actually achieved prior to that date. The start of the
planned sequence from which the critical path (q.v. ) will be calculated.
database. An organised collection of information. The essence of a database is that
information is categorised by information type or subject, referred to as a field in
which the data is entered and which can be retrieved on many different occasions in a
variety of combinations depending upon which fields are selected and in which order
they are selected for retrieval. At its simplest level, it may comprise a list of names,
addresses, phone numbers and other details which can be sorted, filtered and retrieved in
differing combinations. The sort of project planning software commonly used for the
preparation of a CPM network is often constructed as a database with a graphic front
end17 although not all software used for project planning is constructed around a
database.
date for completion. The date indicated from time to time on Cs programme as the
date by which C plans to complete the works. Referred to in the SCL Protocol as the
contractors planned completion date.18
DB2005. JCT Standard Form of Design and Build Contract, 2005 Edition.
defence. A defendants (q.v. ) formal response to a claimants (q.v. ) claim. One
principle of stating ones case formally is that any allegation not specifically disputed by
the defendant is deemed to be admitted. The defence must indicate which parts of the
claim the defendant admits, which it denies, which it doubts to be true (and why), which
it neither admits nor denies because it does not know whether they are true but which it
wishes the claimant to prove. The defendant must give its version of the facts in so far as
they differ from those stated in the claim; say why it disputes the entitlement to any
particular remedy, or the value of the claim, or assessment of damages; and specify any
document vital to the defence.
defendant. The title given in litigation to the party denying a right claimed and upon
whom, in respect of any counterclaim, the burden of proof rests.
delay. An adverse effect on timing in relation to what was intended. There are many
different types of delay, each having different consequences under different contracts
depending upon which party is responsible for it.
delay to completion. An instance of an entire project (or section of a project) being
completed later than intended.
delay to progress. An instance of an element of works being performed or completed
later than intended.
developer (D). The party who agrees to pay for the construction works.
developers change. Commonly referred to as a variation (q.v. ).
developers cost risk event. Also referred to as a compensable or reimbursable event. A
developers risk event (q.v. ) for which D is liable to compensate C for loss or expense
suffered but which is not necessarily eligible for an extension of time (q.v. ).
developers delay to progress. A delay to progress (q.v. ) caused by a developers risk
event (q.v. ).
developers risk event. An event specified under the contract to be at Ds risk as to time
and/or cost.
developers time risk event. Also referred to as an excusable event. A developers
risk event (q.v. ) for which D is liable as to time by way of an extension of time to
complete (q.v. ), but not financial compensation.
direct impact. The foreseeable consequences of an event.
direct impact costs. The costs foreseeable as a direct consequence of an event.
direct loss or expense. The term used to describe direct impact costs under the JCT
family of contracts.
disclosure. Previously known as Discovery under Rules of the Supreme Court Order
24. Disclosure is a process whereby the parties to a dispute disclose to each other the
documents in their power, custody, or control relating to the matters in dispute.
Disclosure is compulsory in litigation under CPR Part 31, but it is usually discretionary
in arbitration. Rule 31.2 of CPR defines disclosure as the admission by a party to
litigation that a document exists or has existed. Rule 31.6 requires a party to litigation to
disclose to the other side the documents on which it relies, and those which adversely
affect its own case; adversely affect another partys case; or support another partys case;
and the documents which it is required to disclose by a relevant practice direction.
discovery. Another term for disclosure (q.v. ) This was the term used in England and
Wales prior to the CPR (q.v. ) reforms.
discrepancies. Differences between two or more of the plans, specifications, details,
dimensions or drawings to which C is contractually obliged to conform and later editions
or instructions given during the course of the works.
disruption. Disturbance, hindrance or interruption of a contractors normal work
progress, resulting in lower efficiency or lower productivity than would otherwise be
achieved.
disruption damages. Commonly referred to as loss and expense.19 The increased cost
arising out of the lost productivity caused by disruption (q.v. ).
DMS. See document management system.
document. According to Rule 31.4 of CPR anything in which information of any
description is recorded.
document management system (DMS). A database (q.v. ) which compiles information
about a document generally including such objective information as its author, recipient,
date of creation, date last edited, subject matter, and so on and can also be attributed with
fields to record subjective information such as to what it is considered to be referable
under a variety of fields. It can be compiled with a scanning system to provide an image
recovery system. By the definition of document within CPR the DMS is itself a
document.
DOM/1. Standard form of domestic subcontract for use with JCT80.
domestic subcontractor. A subcontractor selected by C and with which C enters into a
subcontract for work. C generally remains responsible for the subcontractors
performance. Many standard forms contain provisions requiring the express approval of
the CA to the employment of a subcontractor.
draft programme. Any programme that has not been accepted as a master programme
(q.v. ).
dummy. A logical link which absorbs neither time nor any other resource. In activityon-arrow networks (q.v. ) relationships that are not in themselves activities are indicated
by dummy activities.
duplication. Where the same item is specified in different specification sections or the
same item is specified in different areas of the same specification it is referred to as
duplication. Duplication often results in disputes about which nominated subcontractor
or works contractor is intended to perform the work or which method or material the CA
actually had in mind.
duration. The amount of time needed to complete an activity. The time period can be
determined inductively, by determining the start and finish date of an activity or
deductively by calculation from the planned productivity of applied resources.
early finish. The earliest programmed calendar date on which the activity can be
finished before any of its succeeding float is consumed. See Figure A2.
early start. The early start is the earliest programmed calendar date on which the
activity can be started before any of its preceding float has been consumed. See Figure
A3.
earned value. The measurement of how much work has been accomplished on a project
in relation to its value. Earned value is synonymous with performance measurement,
calculated by multiplying a tasks planned cost by the percentage of work complete.
employer. The term used under UK, Hong Kong and Singapore standard forms of
building contract for the developer (q.v. ).
ECC2. Engineering and Construction Contract 2nd Edition (2002). The primary
standard form in the NEC2 suite.
ECC3. Engineering and Construction Contract 2nd Edition (2005). The primary
standard form in the NEC3 suite.
EDI. See Electronic Data Interchange.
Electronic Data Interchange (EDI). A system that enables parties to it are able to share
electronic information from a common platform.
engineering contracts. Those standard forms of contract specifically intended for, but not
necessarily always used for, civil engineering work, including the ICE and FIDIC
contracts.
EPC. Engineer, procure and construct. A form of procurement in which C is required to
design the works together with the equipment and plant and commission the project
ready for use. Sometimes called a turnkey contract (q.v. ).
event. The direct cause of a change (q.v. ).
excusable delay. A delay to progress (q.v. ) caused by a developers time risk event (q.v.
).
extension of time. Additional time granted by D to C to relieve it from liability for
liquidated damages (q.v. ) and to provide an extended contractual time period or date20
by which the works, or a defined part of it are to be, or should have been completed.
extras. A term commonly used to describe the performance of additional work.
Fdration Internationale des Ingnieurs-Conseils (FIDIC). A Geneva-based
international engineering organisation responsible for producing a set of standard form
contracts designed for international construction projects under this name.
FIDIC. See Fdration Internationale des Ingnieurs-Conseils
FIDIC4. FIDIC Conditions of Contract for Works of Civil Engineering Construction,
Fourth Edition 1987 (revised 1992, termed the Red Book).
Figure A4 - Finish-to-finish
Figure A5 - Finish-to-start
hammock (q.v. ). In Figure A6, a fragnet has been developed for an activity initially
comprising only foundations to produce a fragnet containing activities for
excavation, formwork, reinforcing steel, concrete pouring and concrete
curing. The start date of excavation is the same as the start of foundations and the
finish date of concrete curing is the same as the finish date of foundations.
Figure A6 - Fragnet
free float. The amount of time that an activity can be delayed beyond its early start/early
finish dates without delaying the early start or early finish of any successor activity.25
Gantt chart. A chart was developed by Henry L. Gantt and Fredrick W. Taylor in the
early part of the twentieth century. The Gantt chart was the first formal programming
system to be used in conjunction with scientific management techniques. It is normally
constructed with the time periods along the horizontal axis with personnel, organisations,
plant, materials and so on along the vertical axis. The bar of a Gantt chart is usually
open, as opposed to the closed box of the bar on a bar chart (q.v. ) and contains details of
the activity time of units of work for each piece of plant, person or organisation.
GC/Works. A suite of contracts is designed for projects developed by the UK
government. Prior to 1998 the Department of the Environment was responsible for
developing this suite of contracts; since then it has been the Property Advisers to the
Civil Estate, Central Advice Unit.
GC/Works/1. General Conditions of Contract for Building & Civil EngineeringLump
Sum with Quantities, Third Edition, 1989 (revised 1990).
Figure A7 - Hammock
curing. The start date of excavation is the same as the start date of foundations and
the finish date of concrete curing is the same as the finish date of foundations.
hanging activity. Also referred to as an open end (q.v. ).
head office overheads. The incidental costs of running Cs business as a whole. They
are indirect costs which cannot be directly allocated to production as opposed to
direct costs which are the costs of production. Amongst other things, overheads may
include such things as rent, rates, directors salaries, pension fund contributions, and
auditors fees. In the US head office is referred to as home office. In accountancy,
head office overheads are generally referred to as administrative expenses whereas the
direct costs of production are referred to as costs of sales.
HGCRA. See Housing Grants, Construction and Regeneration Act 1996.
High Court. In England and Wales, the highest court of first instance for civil disputes.
It is divided into the Queens Bench Division, Equity Division and Family Division. The
Queens Bench Division further incorporates some specialist courts, including,
relevantly, the Commercial Court and the Technology and Construction Court. In
Australia, conversely, the High Court is the ultimate court of appeal.
histogram. A chart that illustrates quantitative values along one axis. It is often used for
illustrating the effect of changes in resources over time.
HKBC05. Hong Kong Special Administrative Region of the Peoples Republic of
China, General Conditions of Contract for Building Works (2005).
HKGC99. Hong Kong Special Administrative Region of the Peoples Republic of
China, General Conditions of Contract for Civil Engineering Works (1999).
HKRICS86. Hong Kong (Royal Institute of Chartered Surveyors) Contract. Standard
Form of Building Contract (1986) Private Edition, With Quantities published by RICS
Hong Kong, 1999 Amendment.
House of Lords. In the UK, the ultimate court of appeal.
Housing Grants, Construction and Regeneration Act 1996 (HGCRA). An Act of
Parliament affecting construction contracts (as defined in the Act) entered into on or
after 1 May 1998 which implies into such contracts (i) a statutory right to refer disputes
to adjudication and (ii) certain rights of payment for contractors.
ICE. See Institution of Civil Engineers.
ICE/MW/98. ICE Conditions of ContractMinor Works, Second Edition 1995 (revised
March 1998).
ICE6. ICE Conditions of Contract, Sixth Edition, 1991 (revised March 1998).
ICE7. ICE Conditions of Contract, Measurement Version, Seventh Edition, September
1999.
ICE6DC. ICE Design and Construct Conditions of Contract, Sixth Edition, 1992
(revised March 1998).
IChemE. See Institution of Chemical Engineers.
IChemE. Institute of Chemical Engineers lump sum contract, 4th edition, 2001 (the Red
Book). D is referred to as the Purchaser and the CA is referred to as the Engineer.
IEE. See Institution of Electrical Engineers.
IFC84. JCT Intermediate Form of Building Contract, 1984 Edition (revised 1995).
IFC98. JCT Intermediate Form of Building Contract, 1998 Edition.
IFC2005. JCT Intermediate Form of Building Contract, 2005 Edition.
IMechE. See Institution of Mechnical Engineers.
impact. The effect of a change.
ladder. An arrangement consisting of a chain of lagged start-to-start and lagged finishto-finish (q.v. ) activities. It can produce some anomalous results in delay analysis and
should be avoided.
lag. The minimum necessary lapse of time between the start or finish of one activity and
the start or finish of another activity.28 It may also be described as the amount of time
required between the start or finish of a predecessor task and the start or finish of a
successor task.
Figure A8 - Lagged finish-to-finish
lagged start-to-start and lagged finish-to-finish. There may be occasions where a lag
is required both on the start and finish of related activities. This is achieved by the
convention shown in Figure A10, sometimes referred to as a ladder (q.v. ). In this
arrangement, activity Bcannot start until d days after activity A has started and activity
B cannot finish until d days after activity A has finished. For example, in the case of a
pipeline, the activity to lay pipes cannot start until x days after the start or until y
days after the finish of activity excavate. Thus, lay pipes has a lag start of x days
and a lag finish of y days after the start and finish date of the activity excavate.
late finish. The latest programmed calendar date on which an activity can be finished
when all its succeeding float (if any) has been consumed but the activity can still be
reasonably in the mitigation of damages when that party seeks to assert a legal right.
Failure to mitigate can be a defence, or a partial defence to a claim.
Monte Carlo simulation. An estimating and simulation technique based on the use of
random numbers and probability statistics to investigate the likely effect of potential
outcomes from an event being simulated. Monte Carlo simulation tends to be used
widely from economics to nuclear physics and can be used to predict the likely pattern of
activity durations having an overall effect on completion of a construction project.
MPF. JCT Major Project Form 2003 Edition.
MTC89. JCT Standard Form of Measured Term Contract, 1989 Edition (revised 1994).
must finish constraint. A manually applied calendar date specifying when the activity
must finish. It functions in the same way as a must start constraint (q.v. ). Using the
software in this way can restrict the flexibility of the network to react dynamically to
change and can produce false criticality.
must start constraint. A manually applied calendar date specifying when the activity
must start. Most project management software products permit the user to specify that an
activity must start on a specific date in spite of the construction logic, if any, that may
dictate otherwise.
MWA80. JCT Agreement for Minor Building Works, 1980 Edition (revised 1994).
MWA98. JCT Agreement for Minor Building Works, 1998 Edition.
MW2005. JCT Agreement for Minor Building Works, 2005 Edition.
NEC. See New Engineering Contract.
NEC/SF99. NEC Short Form 1999. A contract intended for relatively small construction
projects.
negative total float. An expression sometimes used to describe the time by which the
duration of an activity or path has to be reduced in order to permit a limiting imposed
date to be achieved.30 Negative total float only occurs when an activity on the critical
path is behind programme. It is a programming concept, the manifestation of which is, of
course, delay. neutral event. An event caused by acts for which the risk as to cost is with
C, but where the risk as to time remains with D.
New Engineering Contract (NEC). This suite of contracts was developed in the 1990s
in the UK and is designed to be simpler and more versatile than the JCT and ICE forms.
It includes the ECC and NEC/SF99 forms (q.v. ).
node. In an activity-on-arrow network (q.v. ) the node is the point at which the activity
arrows meet. In a activity-on-node network (q.v. ) it is the activity itself which is
represented by the node.
nominated subcontractor. A contractor who is selected by the CA, often for specialist
work within a main contract, and sometimes with design responsibilities. Where there
are provisions for nomination, the CA may instruct C to enter into a subcontract with the
nominated subcontractor. Although C generally remains responsible for the nominated
subcontractors work and materials, it may not be responsible for the sufficiency of the
nominate subcontractors design (which may be covered by a collateral warranty with
D). Dependingupon the terms of the contract, C may also be relieved of liability for
liquidated damages arising out of delay to completion caused by an nominated
subcontractor.31
non-compensable event. An American expression used to describe a non-reimbursable
event, the financial consequences of which remain with C under the contract.
non-excusable delay. An American expression used to describe a delay to a completion
date for which no extension of time (q.v. ) may be granted.
NSC/4. JCT Standard Form of Subcontract for nominated subcontractors for use with
JCT80 and JCT98.
OCR. See optical character recognition.
Official Referee. Prior to the establishment of the Technology and Construction Court
(q.v. ) a specialist judge appointed by the High Court of England and Wales to hear
construction-related matters.
omissions. Work can be instructed to be omitted from a given work content or an
accidental omission from the contract documents can be supplemented by an instruction
to change by addition. Where a necessary specification design or work content is not
included in Cs contract documents it is also said to be an omission from the contract
works.
open end. An open-ended activity is one that is not constrained by any logic controlling
its completion. It is sometimes called a dangle or hanging activity. This type of
activity has a start-only constraint and no successor that depends upon its completion. It
is to be avoided as it can create false criticality.
optical character recognition (OCR). A computerised method of connecting the
pattern of dots in a scanned bitmap image into readable characters which can be searched
and edited with word-processing software. The system by which a computer programme
is able to convert, via a scanner printed text to a file that other software can read and
understand as a text file.
parallel delay to progress. A delay to progress involving at least two events both of
which are at the risk of the same party. Contrast with concurrency (q.v. ).32
path. An activity or an unbroken sequence of activities in a project network.33
PCC92. JCT Standard Form of Prime Cost Contract, 1992 Edition (revised April 1998).
PCC98. JCT Standard Form of Prime Cost Contract, 1998 Edition.
PDA. See personal digital assistant.
PDM See precedence diagram (method).
personal digital assistant (PDA). A small hand-held computer that can synchronise
with an office-based computer by wire or wireless technology.
PERT. Program Evaluation and Review Technique. A programming technique
developed in the US between 1956 and 1958 in relation to the programming of the
development of the Polaris missile. In this method of planning, time was estimated on
three assumptions: pessimistic, optimistic and most likely and then
mathematically assessed to determine the probable completion date. Originally, cost data
was assumed to be constant and not reviewed although later developments of the PERT
chart permitted costs to be reviewed on a similar basis. A PERT chart is a form of
network diagram. It is a graphical depiction of task dependencies shown by connecting
lines or arrows indicating the workflow between nodes. It is similar to a PDM diagram
(q.v. ) and there is often confusion between the two. Indeed, some software programs
refer to their PDM diagram as a PERT diagram.34
Pertmaster Project Risk . A project planning software package which allows project
simulations to be conducted using the Monte Carlo method (q.v. ).
PFI. See Private Finance Initiative.
PIX Protocol. A standard, developed in the UK, that sets out a process for parties to a
construction project to follow in an effort to ensure that electronic information is shared
among them with optimal efficiency. The acronym derives from the phrase project
information exchange.
plaintiff. Prior to CPR, the title given in litigation proceedings to the party asserting a
right and upon whom the burden of proof rested in respect of any claim.
planned completion date. The date for completion (q.v. ).
positive total float. A positive total float at any one time represents the period that any
activity on the critical path may slip before it will affect the completion date. In Figure
A1 above, the positive total float for all activities on the programme is x, activities 2, 3
and 4 also have additional total float of T(2,3,4).
PowerProject . A proprietary software package for creating and managing
construction programmes, produced by ASTA Developments Ltd. Popular in the UK.
PPC2000. ACA Project Partnering Contract 2000 Edition. This is the UKs first
standard form contract based around a partnering philosophy. C is referred to as the
Constructor, D as the Client and the CA as the Consultants.
PPP. See Public-Private Partnership.
PQS. See project quantity surveyor.
practical completion. The term used to describe the state of the works at the date the
works are fit to be taken into beneficial use. It is generally the date when the obligation
to insure passes from C to D and the date from which the latent defects liability period
runs. This is the term used under the JCT family of contracts. Under the ICE forms and
in FIDIC forms it is referred to as substantial completion (q.v. ).
precedence diagram. A form of notation for illustrating project workflow in which the
activities are on the node and workflow is indicated by arrows connecting the nodes. It is
sometimes called activity-on-node (q.v. ) notation. Each activity is assigned a unique
identifier and workflow direction is indicated by showing each of the activitys
predecessors and their lag relationships. A number of project planning software products
refer to this as a PERT diagram.35
pre-contract documents. The documents that come into being before the parties agree
to proceed with the works.36
predecessor. In a dependency relationship between two tasks, the predecessor is the task
that must start or finish before the start or completion of the following task.
preliminaries. The costs of running a site as a whole (rather than any particular zone of
the site or any particular activities) together with the head office overheads (q.v. ) and
profit which the project as a whole has to finance. Amongst other things, these costs may
include such things as site management, huts, safety precautions, job-related insurances,
bonding costs, telephone, water and electricity costs, directors salaries, rent and capital
finance. The essential characteristic of preliminaries is that they serve more than one
activity, e.g. tower crane, skips, general site labour etc. However, in practice some
resources that could be allocated to an activity, e.g. scaffolding for falsework, are
included in the preliminaries section of Cs contract price because of its preferred
method of pricing.37 Thus it is essential that each case isinspected on its facts to
determine which resources are affected by a delay or disruption irrespective of how C
has priced that resource.
Primavera Project Planner (P3). A proprietary software package for creating and
managing construction programmes, produced by Primavera Corporation.
Primavera Project Planner (Enterprise Edition) (P3E). A variant on Primavera
Project Planner (q.v. ) with enhanced capabilities.
Private Finance Initiative (PFI). A form of project procurement in which C (usually a
joint venture) is responsible for financing the project, design and construction of
building works, and may also be responsible for design, selection and installation of
plant and equipment, commissioning and also management of the end product for a fixed
term. In this form of contract, D is usually a special purpose vehicle devised for the
purpose of the project with whom the end beneficiary is in contract for the purpose of
the project.
Privy Council. Previously, the final court of appeal for many Commonwealth
jurisdictions, including Australia, Canada and New Zealand. Nowadays, the final court
of appeal for a few small Commonwealth jurisdictions.
product data management. Process management systems normally have three broad
functions: they manage what happens to the data when someone works on it; they
manage the flow of data between people; and they keep track of all the events and
movements of data during the history of a project. A PDM system is a database which
captures all new and changed data as it is generated, maintaining a record of which
version is in use, recalling it on demand and effectively keeping track of change.
productivity. The efficiency of a process, measured by the ratio of input to output.
programme. Commonly referred to in the US as a schedule. A chart of activities
identifying their descriptions and start and finish dates. Depending upon the level of
sophistication it could be a bar chart (q.v. ) at its lowest or at its highest a fully resourced
CPM network (q.v. ).
project manager. The person responsible to D for managing communications between
D and the design team. It is sometimes the case that the project manager is also
responsible for communications between the design team and C although this is less
common. In government contracts the CA is referred to as the project manager. This can
cause significant problems in the drafting of appointment service contracts when there is
also an architect responsible for the leading of the design team and administration of the
construction contract.
project quantity surveyor (PQS). A quantity surveyor (q.v. ) appointed by D to advise
it on appropriate methods of procurement, techniques to be used to obtain and monitor
appropriate cost information, the credibility of contractor bids and to advise during the
course of the works on the valuation of the work in progress.
prolongation. The period between the date C planned to cease funding the site related
and head office overheads attributable to the project and the date it actually ceased to
fund them.
prolongation damages. The loss and expense that is directly related to and incurred
during the period of time between the contract completion date or such earlier date for
completion as may have been agreed between the parties, expressly or implicitly, and the
prolonged completion date. They are costs which would not have been incurred but for
the later completion date.
Public-Private Partnership (PPP). An alternative term for Private Finance Initiative
(PFI).
publish. The term used by the Change Management Supplements to describe the process
of electronic distribution to the designated parties of submittals in editable form in the
software in which the submittals were created.
QS. See quantity surveyor.
quantity surveyor (QS). The person generally responsible for advice on construction
economics during the design phase, for preparation of bills of quantity and tendering
documentation,valuation of work (but not certification) and agreeing (but not certifying)
the final account
quantum meruit . As much as has been earned. At law a claim for quantum meruit
would be a claim for reasonable recompense calculated pro rata for work actually done.38
reasonable skill and care. The standard of performance imposed on a professional who
provides advice or a service. It is a matter for professional judgement whether in
producing that advice or service the consultant has exercised all the skill and care that
can reasonably be expected. Only if professional negligence can be proved is the
consultant liable for the failure of the end product.
reimbursable delay. Also known as a compensable delay. A delay to progress or the
date for completion, for which the contract provides for C to be compensated in respect
of any adverse financial effect flowing from the event. In so far as C is entitled not only
to be paid for the cost of the work element in question, but also for any direct loss or
expense which flows from the event, the event is said to be reimbursable or
compensable.
reimbursable event. An event for which D bears the risk as to cost and for which C is
entitled to compensation for loss or expense suffered. It is usually described in the
contract between the parties. It is an event that causes a reimbursable delay (q.v. ).
relevant event. The term used to describe an event that is specified to be at Ds risk
under the JCT suite of contracts. Under the NEC forms of contract it is referred to as a
compensation event and in the engineering forms it is referred to as a notified event.
reply. In litigation, a form necessary in order to set out a claimants challenges to a
defence (q.v. ). Replies should not produce any new head of claim and should deal solely
with the other sides statement of case in so far as it has not already been addressed.
resource. A person, item of equipment, service or material used in accomplishing a
project task.
resource levelling. Expression used to describe the process of amending a schedule to
reduce the variation between maximum and minimum values of resource requirements.39
The process removes peaks, troughs and conflicts in resource demands by moving
activities within their early and late dates and taking up float. Most project planning
software offers an automated resource-levelling routine that will defer the performance
of a task within the imposed logical constraints until the resources assigned to the tasks
are available.
resource monitoring. The process of determining activity duration, remaining duration,
and percentage complete as a result of computing the actual resource usage against the
planned resource usage. The resource requiring the greatest time to complete the
specified amount of work on the activity will determine its duration.
respondent. The title given in arbitration proceedings to the party disputing a right
claimed.
request for information (RFI). A formal request issued by C to the CA, usually for
further particulars or for an explanation of information already provided. Some contracts
specify a limited period of time within which the CA may respond before the delay in
response becomes an event at Ds risk as to both time and cost.
RFI. See request for information.
RIBA. See Royal Institute of British Architects.
RICS. See Royal Institution of Chartered Surveyors.
risk. Any potential future consequence; measured by reference to both the probability
that it will materialise and the magnitude of those consequences if it does materialise.
risk manager. The title given by the Change Management Supplements to Ds adviser
in regard to the techniques to be used to prepare the programme and other time
management information and to advise on its use in practice in the management of the
time and cost effects of change (q.v. ) contemporaneously throughout the construction
phase. The role of the risk manager is not one normally played by any member of the
design or construction teams under the standard forms of building contract but it is
analogous to the role as to time that a PQS (q.v. ) has to money.
Royal Institute of British Architects (RIBA). The professional body that controls the
education and conduct of architects in the UK.
Royal Institution of Chartered Surveyors (RICS). The professional body that controls
the education and conduct of both general practice and quantity surveyors in the UK.
scanning. The process of converting a printed image into a digitised bit-map planned
programmed image or computer file. A bit-map planned programmed image is defined
by computer software as a pattern of dots.
schedule. An American term used to describe the CPM (q.v. ) network or other
programme (q.v .).
SCL Protocol. SCL Delay and Disruption Protocol (October 2002) published by the
Society of Construction Law (UK).40
Scott schedule. A form of pleading (q.v. ) named after its inventor, His Honour Judge
George Scott, QC, Official Referee 1920-1933. The Scott schedule is a peculiar device
used in construction disputes in the UK to clarify claims and defences that involve
complex factual allegations. The shape and content of a Scott schedule will depend upon
the nature of the matters in dispute and the process of reasoning adopted by the analyst.
However, a Scott schedule differs from other methods in that, if it is to be an effective
clarification of the issues in dispute, it requires the active participation of both sides to
the dispute in its drafting.
sectional completion. Where a contract is split into separable parts, each of which has a
defined scope of works and a commencement and completion date it is said to be a
sectional completion contract. In such an arrangement, liquidated damages (q.v. ) and
extensions of time (q.v. ) apply to each individual section as well as the contract as a
whole. Reference to completion may then apply to the completion of a section, key
date (q.v. ) or phase as well as the contract as a whole.
sequence. The order in which activities will occur in relation to one another. This
establishes the priority and dependencies between activities. Successor and predecessor
relationships are developed in a network format which enables those involved in the
project to visualise the workflow.
set-off. A claim in a liquidated amount made by a defendant or respondent as a defence
to a claim formulated on the basis of a right to reduce the amount of debt by the amount
the creditor owes the debtor.41
SI. See site instruction.
SIA. See Singapore Institute of Architects.
SIA80. Singapore Institute of Architects Lump Sum Contract, (1980) 1999 Revision.
Notable primarily because it was drafted by prominent UK construction law
commentator, Professor Ian Duncan Wallace QC.
simulated as-built programme. The as-built programme that has been converted to a
CPM programme for the purposes of statistical analysis by removing the actual start and
completion dates of activities and replacing them with start and completion dates with
logical links and lags to maintain the activities at the same dates as the as-built
programme.
on a balance of probabilities.
Figure A11 - Start-to-start
building, or it may involvecivil engineering work in, over, or under ground, which is
designed by others, or it could also include design by the subcontractor.
sub-network. A fragnet (q.v. ).
sub-project. A group of activities usually comprising the work in connection with a
definable section or zone of the works that is treated as a single task in a master
programme. Computer programs use the concept of sub-projects to keep all the data
relevant to a group of activities in a single project file that can be linked with other subprojects for ease of management in complex projects/programmes.
substantial completion. Practical completion (q.v. ).
successor. In a dependency relationship between two tasks, the successor is the task that
cannot start or finish before the start or completion of the former task.
Supreme Court. In the UK, a collective term for the English High Court, Court of
Appeal and House of Lords. In Canadian provinces and Australian and US states,
typically the highest court of first instance and/or a high appellate court. In the US
Federal jurisdiction, the ultimate court of appeal.
SureTrak . A simplified version of Primavera Project Planner (q.v. ), designed for
smaller projects. Produced by Primavera Corporation.
TCC. See Technology and Construction Court.
Technology and Construction Court (TCC). The UK court previously known as the
Official Referees (q.v. ) Court. It is the specialist court concerned with disputes arising
out of construction or technology matters. It is part of the Queens Bench Division of the
High Court.
tender programme. The programme prepared by C in support of its tender. This may
form part of the tender and become a representation of Cs intentions before the contract
is agreed. Sometimes referred to as a bid programme. It is often produced from very
little data.
time impact analysis. Sometimes referred to as time slice analysis. It is a method of
analysis of causation in which the impacts of events are calculated from the date upon
which they occur in relation to the programme identified as representing Cs intent at
that time.43
total float. The overall time by which an activity may be delayed or extended without
affecting the total project duration.44
turnkey. A form of project procurement in which the contractor (usually a joint venture)
is responsible for design and construction of building works, design, selection and
installation of plant and equipment and commissioning ready for use.
trade stacking. The undertaking of work of disparate trades in the same calendar period.
Often attempted by logic changes to compress the work sequences.
unabsorbed overheads. The accrual of unrecovered head office overheads (q.v .).
updated programme. The as-planned programme (q.v. ) with actual start dates, actual
completion dates and percentage complete added against the activities progressed up
until the data date (q.v. ). The last updated programme should be the as-built programme
(q.v. ).
variation. An express or implied instruction for change (q.v. ) Under the standard forms
of contract, D is deemed to have instructed variations in relation to some occurrences
and has the express power to order changes specifically described. In this kind of
change, D tells C to perform an activity in a way that differs from the original
specifications of the contract in terms of quantity, quality, timing or method. Although
variations usually affect the content or quality of the work, they can affect a projects
layout or space configuration and can also affect Csprogramme and/or sequence of
work through changes in programmed deliveries of developer-supplied equipment or
work. The Change Management Supplements also provide for variations to the resources
to be used, the sequence and timing of work and also the requirements for programmes,
method statements and progress records.
variation order (VO). A formal instruction in writing issued by the CA to C to carry out
a variation (q.v. ).
VO. See variation order.
WBS. See work breakdown structure.
WC/87. JCT Works Contract Conditions (Works Contract/2), 1987 Edition.
WC/98. JCT Works Contract Conditions (Works Contract/2) 1998 Edition.
WCD81. JCT Standard Form of Building Contract With Contractors Design, 1981
Edition (revised 1995).
WCD98. JCT Standard Form of Building Contract With Contractors Design, 1998
Edition.
window. A period of time selected for the purposes of delay analysis in which all delays
which affect the project within that period are taken together.
work breakdown structure (WBS). A project-oriented family tree in which the
elements or work are related to each other and to the project as a whole. It is a system for
organising activities wherein each level consists of the subordinate divisions of the level
beneath it. In other words, each level is a more detailed breakdown of the previous level.
work package. A distinguishable unit of work at the level of performance, assignable to
a single organisational element; it has programmed start and completion date (with
interim milestones, where applicable) and may have budget cost or assigned value
usually expressed in pounds, man-hours, or other measurable units. The duration of a
work package is relatively short unless it is subdivided by discrete value milestones to
assist in the monitoring of work performed and other work packages.
works. The term used to describe the subject matter of the contract between D and C in
all standard forms of contract.
works contractor. The party required to carry out a limited portion of a construction
contract, often limited to a single trade, such as brickwork, or a single element of the
works, e.g. substructure. The label works contractor is used here to identify the party
actually carrying out the works in both management contracting and construction
management. In the US, under the arrangement for construction management the works
contractor is known as a multiple prime contractor.
zero activity. Sometimes referred to as a zero duration activity. An activity that has no
allocated duration and is not designated as a milestone or as a flag. When an activity
with zeroduration is added to a project, it displays both the start and finishing date, but
they are both represented at the same point in time.45 The purpose of zero-duration
activities is generally to indicate a position in the construction logic for an activity to
take place, the duration of which is not known at the time that the project is developed or
which, whilst originally allowed for, has since been omitted. The process of
demonstrating the effect of the omission of an activity by replacing its planned or actual
duration with zero days duration is referred to as zeroing.
zero free float constraint. A manually applied limitation on the free float (q.v. ) that
would otherwise be available between one activity and another. It can function in the
same way as a must start constraint (q.v. ) to interfere with the flexibility of the network
and may produce false criticality. However, it can also usefully be used in connection
with lag to indicate dynamicallythe period which must lapse between the supply of
information and the activity for which the information is required.
zero total float constraint. A manually applied limitation on the total float (q.v. ) that
would otherwise be available between the last activity and the date for completion. It can
function in the same way as a must start constraint (q.v. ) to interfere with the flexibility
of the network and may produce false criticality.
1 See Chapter 11, Mitigation and Acceleration.
2 BS 6079-2:2000 Part 2, 2.7.
3 BS 6079-2:2000 Part 2, 2.5.
4 See Chapter 14, The Analysis of Cause and Effect.
5 See Chapter 14, The Analysis of Cause and Effect.
6 See Appendix 4.
7 The Rt Hon the Lord Woolf MR, Access to Justice (1996, HMSO). The Final Report to the Lord Chancellor on
the Civil Justice System in England and Wales.
8 SCL Protocol (Oct 2002), Appendix 1.
9 SCL Protocol (Oct 2002), Appendix 1.
10 The term generally used by the building contracts (q.v. ).
11 The term generally used by the engineering contracts (q.v. ).
12 See Appendix 2.
13 See Chapter 15, Float and Contingency.
14 See GC/Works/1 and GC/Works/1/98, clause 52.
15 BS 6079-2:2000 Part 2, 2.41 and SCL Protocol, Appendix 1.
16 SCL Protocol (Oct 2002), Appendix 1.
17 The Primavera suite of project management software.
18 SCL Protocol, Appendix 1.
19 Under the JCT suite of contracts.
20 Depending on the form of contract.
21 See clause 10 (alternative B) of GC/Works/1DB/98.
22 At Figure A1 above, that identified as F(6) is free float.
23 At Figure A1 above, that identified as T(2,3,4) is internal float and that identified as x is external float.
24 See Chapter 15, Float and Contingency.
25 At Figure A1 above, that identified as F(6) is free float.
26 See Chapter 19, Global Claims and Total Loss Claims.
27 Time Schedule TS3.
28 BS 6079-2:2000 Part 2, 2.83.
29 BS 6079-2:2000 Part 2, 2.92.
30 BS 6079-2:2000 Part 2, 2.94.
31 JCT80, JCT98 (Part 2) and NSC/4 contain some extremely complicated provisions for the administration of the
selection and appointment of nominated subcontractors and any delay caused to and/or by them.
32 See also Chapter 16, Concurrency, Parallelism and Apportionment.
33 BS 6079-2:2000 Part 2, 2.105 and SCL Protocol (October 2002), Appendix 1.
34 For example, Microsoft Project .
35 See, for example, Primavera Project Planner (P3) , Primavera SureTrak and Microsoft Project .
36 See Appendix 2.
37 In practice it is generally the case that contractors include the costs of trade foremen, supervisors and
coordinators in preliminaries with other administrative staff whereas they are actually trade specific.
38 Levine, MF, and Williams, JH, Restitutionary Quantum MeruitThe Crossroads (1992) 8 Const. LJ 244.
39 BS 6079-2:2000 Part 2, 2.144.
40 See Appendix 3.
41 See CPR Rule 16.6.
42 See CPR Part 16. Specific requirements of the particulars of claim are set out in CPR Rule 16.4.
43 See Chapter 14, The Analysis of Cause and Effect.
44 BS 6079-2:2000 Part 2, 2.175. At Figure A1 above, by the definitions adopted in Chapter 15, that identified as
T(2,3,4) is internal total float and that identified as x is external float.
45 See Some software illustrates the finish date as occurring before the start date when a duration of zero is applied, e.g. Primavera SureTrak .