Pickavance - Appendix 1 Glossary of Terms and Definitions

7/26/2019 Pickavance - Appendix 1 Glossary of Terms and Definitions

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APPENDIX 1GLOSSARY OF TERMS AND DEFINITIONS

A201.Standard form of building contract published by the American Institute of

Architects, 1997.

ACA.SeeAssociation of Consultant Architects.

ACA82.ACA Building Contract 1982. Includes 1984 and 1992 revisions.

ACA98.ACA Building Contract 1998. Includes 1999 revision.

acceleration.The execution of work in a shorter time than previously intended. This

may be achieved by re-sequencing, by the adoption of increased working hours,

overtime and double/triple day shifts or by parallel working and trade stacking.1

activity.An operation or process consuming time and resources.2The work content that

can be managed by an individual or work team. It contains effort, which can be formally

defined and programmed, and consumes resources. It is a measurable element of the

total project programme.

activity float.Unallocated time within a planned duration of a single activity. The float

is established simply by dictating an activity duration that is greater than the actual time

needed to complete that activity with the planned resources and productivity.

Alternatively, it may be created automatically by some project programming software

products. An activity with float so created can be referred to as a discontinuous, an

interruptible, or stretched activity. Where C intends to use this unallocated time as a

contingency (q.v.) it should be separately identified as such. In Figure A1, below, the

activity float relates only to activity 6 and is equal to A(6)1 + A(6)2 + A(6)3.

Figure A1 - Activity float, free float and external float

activity-on-arrow network.The activity-on-arrow method of planning was developed

by EI du Pont de Nemours Company in the late 1950s and was the first planning method

to be called a CPM (q.v.). It is a network in which the activity durations are indicated by

arrows linked in sequence and relationships by identifiable nodes. The arrows are

connected together to indicate precedence. The first activity is situated on the left-handside of the diagram with the last activity on the right. Activities are usually placed at

different levels (not in a single row)to accommodate activities that are performed

simultaneously. The arrows represent events and the event has not occurred until all the

activities that terminate it have been completed. The tail of the arrow represents the

beginning of an activity and the arrowhead the end of it. The number of the node that

starts and ends the arrow activity usually identifies activities.

activity-on-node network.A network in which the nodes symbolise the activities.3A

precedence diagram. This is the form in which almost all modern computerised project

planning programmes illustrate their output. (See also activity-on-arrow network for

converse.) In this form of network the nodes are the activity and the arrows represent thelogic between them.


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adjudication.A dispute resolution process involving a determination by a third party. In

the context of construction contracts, a binding but non-final process to which parties

have statutory recourse pursuant to, in the UK, the HGCRA (q.v.).

adjusted as-planned programme.An as-planned programme which, for analytical

purposes, has been amended to include all those activities on the as-built programme

which were not anticipated at the time of tender but which, in order to maintain the

construction logic of the original plan, are incorporated in the programme with zero

durations.

adjusted master programme.A master programme that has been corrected by

removing programming errors so as to render it suitable for analytical purposes.

AIA.SeeAmerican Institute of Architects.

American Institute of Architects (AIA).The main professional association for

architects in the US, which also produces a set of standard form contracts for building

works.

arbitration.A traditional form of dispute resolution whereby disputants agree that a

third party arbitrator hear their submissions in private but provide a resolution that isenforceable by the courts. A very common means of dispute resolution in the

construction industry.

AS2124.Australian Standard Conditions of Contract 1992.

AS4000.Australian Standard Conditions of Contract 1997 (supersedes AS2124).

as-built but-for analysis.Sometimes referred to as the collapsed as-built method. A

method of analysis which uses the as-built programme as a base-line from which the

effect of delaying events are removed in order to calculate what would have been the

completion date but for those events.4

as-built critical path.The sequence of immediately critical activities, as traced through

the history of a project.as-built programme.The record of the history of the construction project in the form of

a programme. The as-built programme does not necessarily have any logical links. It can

be merely a bar chart record of the start and end dates of every activity which actually

took place.

as-planned impacted programme.A method of analysis based on the as-planned

programme as baseline. In this method of analysis an objective assessment of the effects

of delaying events is added to the as-planned programme to demonstrate the impact of

those events on the planned programme.5

as-planned programme.The updated and amended programme illustrating Cs intent

for the future conduct of the works at the time of its publication (q.v.). Depending upon

the circumstances of its publication, it may also be referred to as the master programme

(q.v.).

Association of Consultant Architects (ACA).An organisation whose membership

consists of architectural practices and which produces the ACA and PPC contract forms.

average progress.The rate of progress at any time that C expected to make with the

degree of productivity allowed for and upon which Cs tender was based.

bar chart.A graphic display of activity durations in which the size of the bar is

proportionate to the duration of the activity it represents. Activities are listed with other

tabular information on the left-hand side with time intervals over the bars. Activity

durations are shown in the form of horizontal bars. Sometimes called a Gantt chart, (q.v.

).BCA.SeeBoard of Contract Appeals.


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BCIS.SeeBuilding Cost Information Service.

baseline.A fixed criterion by reference to which a variable can be measured. In the

context of construction programmes, the baseline is frequently an earlier version of the

programme, thus enabling changes between the two programmes to be identified.

Board of Contract Appeals (BCA).One of a set of specialist tribunals in the US

founded to decide contractual claims against Federal Government departments. The

tribunals include Boards of Contract Appeals for the Department of Agriculture

(AGBCA), the Armed Services (ASBCA), the Department of Energy (DOEBCA), the

Department of Interior (DOIBCA), the Department of Labor (DOLBCA), the

Department of Transportation (DOTBCA), the General Services (GSBCA), the US

Postal Service (USPBCA) and the Department of Veterans Affairs (VABCA).

British Standards (BS).The main organisation in the UK for administering standards.

BS.SeeBritish Standards.

Building Cost Information Service (BCIS).An organisation established by RICS (q.v.

) in 1962 to collate and analyse data submitted by members of the BCIS and other

relevant sources. Information is made available to the construction industry throughseveral publications and an on-line service.

building forms of contract.Those standard forms of contract specifically intended for,

but not necessarily used for the construction of building works. They include those

published by the JCT (q.v.), ACA (q.v.) and include FIDIC/Build98 (q.v.) and

FIDIC/SF98 (q.v.).

burden of proof.The rule that it is for the party who makes the assertion to satisfy the

deciding tribunal as to the truth of its allegation. When that party has put forward

sufficient evidence to raise a presumption that what it asserts is true, the burden of proof

shifts in that the allegation is then assumed to be true unless the other side can produce

evidence to rebut the presumption.C.Seecontractor.

C21.New South Wales Government (Department of Commerce) Standard Form. The

standard form government construction contract in the Australian state of New South

Wales. Remarkable primarily for its unconventional extension of time clause.

CA.Seecontract administrator.

calendar.Calendars are diaries that are a vital component of all project management

systems and without them it is impossible to programme activities or resources. They are

used to specify the number of hours to a day, days in a week, and weeks in a year for

working or not working. This arrangement defines the amount of time available for

programming activities to be carried out and people related resources to be organised.

Each calendar can be customised with its own holidays and extra work days or

suspensions and they can be used to identify the effect on activity of a suspension of

work. Some software packages support multiple calendars for individual projects, the

whole organisation, and individual resources if necessary and in some software packages

calendars can also be applied to the relationship between activities to enable periods of

lag to be more closely defined.

cascade diagram.A graphic display, sometimes referred to as a linked bar-chart (q.v.

), in which the critical path network is illustrated by arrows linking nodes representing

the activities. On this type of diagram the nodes are proportionate in size to the duration

of the activities and are positioned on the diagram according to their calendar dates. The

logical links between activities indicate the order in which the activities are intended to


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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. con-

confirmation 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 programmefor 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 thecontract.


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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.Seecritical path method.CPR.SeeCivil 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.15In 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, basedupon 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.Seeconfirmation of verbal instruction.

D.Seedeveloper.

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 inwhich the data is entered and which can be retrieved on many different occasions in a


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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

end17although 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 itwishes 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) beingcompleted 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 thedocuments in their power, custody, or control relating to the matters in dispute.


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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.19The increased cost

arising out of the lost productivity caused by disruption (q.v.).DMS.Seedocument 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 activity-

on-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.


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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.

Figure A2 - Early and late finish

Figure A3 - Early and late start

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.SeeElectronic 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.SeeFdration Internationale des Ingnieurs-Conseils

FIDIC4.FIDIC Conditions of Contract for Works of Civil Engineering Construction,

Fourth Edition 1987 (revised 1992, termed the Red Book).


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FIDIC/Build99.FIDIC Conditions of Contract for Building and Engineering Works

Designed by the Employer, 1st Edition 1999 (the Red Book).

FIDIC/DB99.FIDIC Conditions of Contract for Design Build and Turnkey, First

Edition, 1999 (the Silver Book).

FIDIC/M&E87.FIDIC Conditions of Contract for Electrical and Mechanical Works,

Third Edition, 1987 (the Yellow Book).

FIDIC/PD+B99.FIDIC Conditions of Contract for Plant and Design-Build, First

Edition, 1999 (the Yellow Book)

FIDIC/SF98.FIDIC Short Form of Contract, Test Edition, 1998 (termed the Green

Book).

field costs.An American expression for site related preliminaries (q.v.).

Figure A4 - Finish-to-finish

Figure A5 - Finish-to-start

finish-to-finish.In the example at Figure A4, of a finish-to-finish relationship, activity B

cannot finish until activity A has finished. It implies that B can finish at the same time as

A, but not before it.

finish-to-start.The convention in Figure A5 shows the normal sequential relationship of

one activity following another. For example, activity B cannot start until activity A has

finished.

fitness for purpose.The standard of performance statutorily required under the Sale of

Goods Act 1979 and a term that may be implied in design and build contracts in the

absence of express words to the contrary. Under this standard, in any contract for the

design and supply of a finished product, if that product is proved unfit for the intended

and mutually understood purpose for which it was supplied, then, irrespective of whether

the provider of the product has been negligent, there will be a liability for failure of that

product.21float.Unallocated time in a critical path network. It may be more precisely described as

free float (q.v.),22interfering float (q.v.), total float (q.v.),23or activity float

(q.v.) depending upon its position in the network.24

force majeure.A compendious expression used in some contracts to denote defined

types of unforeseen occurrences that are caused by neither D or C, but which may give

rise to an extension of time entitlement on Cs part. Typical examples include

exceptional weather events, terrorist acts, earthquakes, war and civil disorder.

fragnet.This is a term used in proactive project planning for a pre-defined segment of a

network devised for particular sequences of work. In delay analysis the term is used to

describe a section of a programme in which an activity is broken down into a number of

sub-activities for the purpose of detailed analysis. In effect a fragnet is the obverse of a


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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).


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GC/Works/1/98.General Conditions of Contract for Building & Civil Engineering

Major Works with Quantities, 1998.

Figure A7 - Hammock

GC/Works/1/98.General Conditions of Contract for Building & Civil EngineeringMajor Works with Quantities, 1998.

GC/Works/1DB.General Conditions of Contract for Building & Civil Engineering

Design & Build Version, 1993.

GC/Works/1DB/98.Contract for Building & Civil EngineeringDesign & Build

Version, 1998.

GC/Works/2.General Conditions of Contract for Building & Civil EngineeringMinor

Works, Second Edition, 1980 (revised 1989).

GC/Works/2/98.General Conditions of Contract for Building and Civil Engineering

Minor Works, 1998.

global claim.A claim in which the amount claimed to be lost is not causally linked to

the breaches alleged. A claim in which the contractor seeks compensation for a group of

developer risk events but does not or cannot demonstrate a direct link between the loss

incurred and the individual developers risk events.26

hammock.A project planning device used to summarise the early-start and early-finish

dates of a set of activities. It is generally used for reporting durations of work packages

as opposed to activities. When a series of activities is designated as a hammock the

computer software generally calculates the duration by measuring the time period

between the earliest start date of the hammocks predecessor activities and the latest

early-finish date of its successor activities.In Figure A7, a hammock called

foundations has been developed for a group of activities containing activities for

excavation, formwork, reinforcing steel, concrete pouring and concrete


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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.SeeHousing 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.SeeInstitution 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.SeeInstitution 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.SeeInstitution 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.SeeInstitution of Mechnical Engineers.

impact.The effect of a change.


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impossibility.The inability of a party to a contract to fulfil its contractual obligations as

a result of external circumstances. A cause of frustration of a contract at common law.

inconsistencies.The differences between information given on one document in relation

to another in respect of the same element of work.

independent standards.Reference documents relevant to specific issues that are not

necessarily referred to in the contract data.

information release schedule (IRS).The name given under JCT contracts to the

document issued to C at the time of tender as the CAs programme for the issue of

posttender information, drawings, details and levels. Under ACA82 and ACA9827it is

referred to as a Time Schedule. Failure to provide such information in accordance with

the IRS is an excusable and compensable event under those forms. The essential

character of an IRS is that it is prepared by, or on behalf of D as a contract document

upon which C intends to rely.

Institution of Electrical Engineers (IEE).A professional body that controls the

education and conduct of electrical engineers in the UK. Together with the Institution of

Mechanical Engineers (IMechE), in produces the MF/1 contract form (q.v.).Institution of Chemical Engineers (IChemE).The professional body that controls the

education and conduct of chemical engineers in the UK and also produces a series of

standard form contracts intended for use with projects in the process and petrochemical

industries.

Institution of Civil Engineers (ICE).The professional body that controls the education

and conduct of civil engineers in the UK and also produces a series of standard form

contracts intended for use with civil engineering projects.

Institution of Mechanical Engineers (IMechE).A professional body that controls the

education and conduct of mechanical engineers in the UK. Together with the Institution

of Electrical Engineers (IEE), it produces the MF/1 contract form (q.v.).interfering float.That proportion of total float which, if used, will not delay the

completion date, but will nevertheless interfere with the timing of successor activities.

The difference between total float and free float.

IRS.Seeinformation release schedule.

JCT.SeeJoint Contracts Tribunal.

JCT63.JCT Standard Form of Building Contract with Quantities, 1963 Edition (revised

1976).

JCT80.JCT Standard Form of Building ContractPrivate with Quantities, 1980

Edition (revised 1995).


Edition.


Edition.

Joint Contracts Tribunal (JCT).The organisation responsible for the most widely

used suite of standard forms in the UK for building works. The organisations

membership includes representatives of the Royal Institute of British Architects (RIBA)

and other representative industry bodies. The forms have evolved since the early 20th

century from what were previously known as the RIBA forms.

key date.Sometimes referred to as a milestone date or critical date. A key date is a date

by which an identifiable accomplishment must be started or finished. For example

power on, weathertight or the start or completion of phases of construction or ofphases or sections of the contract or work of particular subcontractors.


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ladder.An arrangement consisting of a chain of lagged start-to-start and lagged finish-

to-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.28It may also be described as the amount of timerequired between the start or finish of a predecessor task and the start or finish of a

successor task.

Figure A8 - Lagged finish-to-finish

Figure A9 - Lagged finish-to-start

lagged finish-to-finish.In Figure A8, d indicates a finish-to-finish relationship but

with a delay, i.e., activity B cannot finish until d days (or whatever time period has

been used) after activity A has finished. This convention provides a second means of

overlapping the timing of activities.

lagged finish-to-start.In Figure A9, d implies a normal lag relationship between

activities A and B; that is, B cannot start until d days after activity A is finished. An

example of this might be the curing time of concrete between completion of the pour and

the commencement of work on it.

lagged start-to-start.In Figure A10, however, d indicates a start-to-start relationship

with the delay imposed showing that activity B cannot start until the period d has

elapsed after activity A has started. This convention provides one of the facilities to

overlap the execution of activities.

Figure A10 - Lagged start-to-start and 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


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completed without delaying the commencement of a successor activity (See Figure A2

above).

late start.The late start is the latest programmed calendar date on which an activity can

be started when all float preceding it has been consumed (See Figure A3 above).

latent conditions.The underlying conditions of the site upon which construction work is

to

take place.If latent conditions diverge significantly from what C could have reasonably

foreseen at the time of tender, C will, under many contracts, be entitled to a variation.

lead.The opposite of lag (q.v.), but in practice having the same meaning. A preceding

activity may have a lag to a successor activity - from the perspective of the successor

activity, that is a lead.

link line.The connecting flow lines between activities on a flow chart or in a network

using precedence network notation. The direction of flow is indicated by an arrow head.

linked bar chart.Sometimes referred to as a cascade diagram (q.v.).

liquidated and ascertained damages.A fixed sum, usually per week or per day,

payable by C to D in the event that the specified work is not completed by the specifieddate. In some forms of contract, liquidated damages are referred to as delay damages.

liquidated damages.Also referred to as liquidated and ascertained damages (q.v.).

logic.The sequence in which activities are planned to be performed, with the start and/or

finish of some activities independent, dependent, or restrained, by the start and/or

completion of other activities.

M&E.Seemechanical and electrical.

management contractor.The party contracting with the works contractors (q.v.) and

responsible to D for programming their work but not, generally, the sufficiency of their

work.

master programme.The accepted programme from time to time, which represents Csintentions for the future conduct of the works at the time it is published (q.v.). It

illustrates the major sequencing and phasing requirements of the work. At inception it

may be the same as the tender programme and as it is reviewed and updated it becomes

the as-planned programme.

mechanical and electrical (M&E).Design and/or work comprising mechanical and

electrical engineering.

method statement.A written description of the programme setting out the assumptions

underlying the programme, the reasoning behind the approach to the various phases of

construction and a listing of all the work encapsulated in the programme activities. It

should contain the activity resource and productivity assumptions and hence justify the

duration calculations.

MC87.JCT Standard Form of Management Contract, 1987 Edition.

MC98.JCT Standard Form of Management Contract, 1998 Edition.

MF/1.Model Form 1, lump sum contract, 4th edition, 2000.

Microsoft Project

.A proprietary software package for creating and managing

construction programmes, produced by Microsoft Corporation.

milestone.A project event of zero duration that represents a checkpoint, a major

accomplishment or a measurable goal. Sometimes referred to as representing a key date

(q.v.). A key event selected for its importance in the project.29

mitigation.Mitigation means making less severe or less serious. In connection with

delay and disruption, it means minimising the period of, or cost of delay and disruption.Generally, it is the duty of the party whose legal rights have been infringed to act


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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 maydictate 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.SeeNew 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 criticalpath 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 completiondate for which no extension of time (q.v.) may be granted.


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NSC/4.JCT Standard Form of Subcontract for nominated subcontractors for use with

JCT80 and JCT98.

OCR.Seeoptical 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 thepattern 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.Seepersonal digital assistant.PDMSeeprecedence 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.SeePrivate 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.


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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.SeePublic-Private Partnership.

PQS.Seeproject 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 obligationto 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 agreeto 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.37Thus 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 ofbuilding works, and may also be responsible for design, selection and installation of


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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 ofsophistication 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 adviseit 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.Seequantity 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


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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.Seerequest for information.

RIBA.SeeRoyal Institute of British Architects.

RICS.SeeRoyal 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 adviserin regard to the techniques to be used to prepare the programme and other time


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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).40Scott 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 asectional 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.Seesite instruction.

SIA.SeeSingapore 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.


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simulation.The processing of a project model programme to reproduce what would be

expected to happen in the project, with different conditions and different starting points.

Singapore Institute of Architects (SIA).The main professional association for

architects in Singapore, which also produces standard form contracts for construction

works.

site instruction (SI).An instruction in writing issued by the CA to C on site, which

constitutes an instruction under the contract.

slack.Float (q.v.).

slow progress.Progress falling behind programme due to failures which are at Cs risk.

SMM.SeeStandard Method of Measurement.

standard of proof.The degree to which something must be proved. In civil litigation

and arbitration, the standard of proof required for most claims or counterclaims is proof

on a balance of probabilities.

Figure A11 - Start-to-start

Standard Method of Measurement (SMM).A set of rules governing how quantities of

materials in building projects are to be measured and intended for incorporation into

building contracts which use bills of quantities. It is now in its 7th edition (1988), and is

incorporated by reference into the JCT family of contracts.

Standards Australia.The central standards authority in Australia, responsible for

producing that countrys most widely used standard form construction contracts. See

AS2124 and AS400.start-to-start.In the relationship shown in Figure A11, activity B cannot start until

activity A has started or perhaps, more accurately, activity B can start at the same time as

activity A but not before it.

statement of case.The expression used in both litigation and in arbitration to describe a

partys pleading, which comprises not just the arguments but also documentary evidence

upon which the arguments rely. The content of a statement of case in litigation is

governed by CPR.42In essence the statement of case must contain a concise statement of

the nature of the claim, specify the remedy sought, give a statement of the value of the

claim (where it is a claim for money) and set out any other matters required by a relevant

practice direction. Contrary to the position in regard to statements of case under CPR,

statement of case procedures under the JCT Arbitration Rules do not imply that

anything not disputed is admitted, nor is there any firm rule that complaints that come to

light during the proceedings may not be raised.

statutory requirements.It is generally the CAs responsibility to make sure that the

project design meets all applicable building legislation and regulatory requirements. In

build-only forms of contract (as opposed to design and build) additional work or changes

required to meet statutory or other regulatory requirements constitutes a variation.

subcontract works.The subject matter of the construction contract between a

subcontractor and C, the completion of which is the responsibility of the subcontractor,

and which result in the execution of that part of the construction project. The contract

agreement may be for the construction only, or for the assembly of a building or part of a


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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 sub-

projects 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 forsmaller projects. Produced by Primavera Corporation.

TCC.SeeTechnology 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. Althoughvariations usually affect the content or quality of the work, they can affect a projects


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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.Seevariation order.

WBS.Seework 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 delayswhich 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 toassist 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.45The 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 networkand may produce false criticality. However, it can also usefully be used in connection


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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.

1See Chapter 11, Mitigation and Acceleration.

2BS 6079-2:2000 Part 2, 2.7.

3BS 6079-2:2000 Part 2, 2.5.

4See Chapter 14, The Analysis of Cause and Effect.


6See Appendix 4.

7The 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.

8SCL Protocol (Oct 2002), Appendix 1.


10The term generally used by the building contracts (q.v.).

11The term generally used by the engineering contracts (q.v.).

12See Appendix 2.

13See Chapter 15, Float and Contingency.

14See GC/Works/1 and GC/Works/1/98, clause 52.

15BS 6079-2:2000 Part 2, 2.41 and SCL Protocol, Appendix 1.


17The Primavera suite of project management software.

18SCL Protocol, Appendix 1.

19Under the JCT suite of contracts.20Depending on the form of contract.

21See clause 10 (alternative B) of GC/Works/1DB/98.

22At Figure A1 above, that identified as F(6) is free float.

23At Figure A1 above, that identified as T(2,3,4) is internal float and that identified as x is external float.

24See Chapter 15, Float and Contingency.

25At Figure A1 above, that identified as F(6) is free float.

26See Chapter 19, Global Claims and Total Loss Claims.

27Time Schedule TS3.

28BS 6079-2:2000 Part 2, 2.83.

29BS 6079-2:2000 Part 2, 2.92.

30BS 6079-2:2000 Part 2, 2.94.

31JCT80, 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.

32See also Chapter 16, Concurrency, Parallelism and Apportionment.

33BS 6079-2:2000 Part 2, 2.105 and SCL Protocol (October 2002), Appendix 1.

34For example, Microsoft Project

.

35See, for example, Primavera Project Planner (P3)

, Primavera SureTrak

and Microsoft Project

.

36See Appendix 2.

37In 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.

38Levine, MF, and Williams, JH, Restitutionary Quantum MeruitThe Crossroads (1992) 8 Const. LJ 244.

39BS 6079-2:2000 Part 2, 2.144.


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40See Appendix 3.

41See CPR Rule 16.6.

42See CPR Part 16. Specific requirements of the particulars of claim are set out in CPR Rule 16.4.


44BS 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.

45See Some software illustrates the finish date as occurring before the start date when a duration of zero is applied, e.g. Primavera SureTrak

.

Pickavance - Appendix 1 Glossary of Terms and Definitions

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