Keeping Busy

Those who visit these pages from time to time might have noticed that it has been a little while since my last post, and perhaps guess that this is a symptom of idleness.

In fact, the contrary is true. Since getting back from Europe and the United States, I have had far too little time for sidelines. In moving to the beautiful Myponga Beach, I had in mind that these days I go to the airport rather more often than I go to the law courts in Adelaide, and so it is been continuing to prove: I have been in Sydney on dispute avoidance board business and in Darwin on adjudication determination challenge business.

I did rather think that I might have been able to set a bit of precedent in the Northern Territory courts, in terms of bringing the Northern Territory into line with the rest of the country, and in particular New South Wales, on the topic of what introductory relief should be granted after an adjudication challenge has been launched, but before it can be heard by the court. In the Northern Territory, the typical Continue reading

SCL Delay and Disruption Protocol 2nd Edition – Getting ready for Brazil

BrazilThe Society of Construction Law in the UK has now released its consultation draft of the 2nd edition of the Delay and Disruption Protocol.

This is an important document, not only in the UK but internationally, including Australia. Thus, for example, the Supreme Court of South Australia in ALSTOM LTD v YOKOGAWA AUSTRALIA PTY LTD & ANOR (No 7) [2012] SASC 49 made repeated references to the Protocol, and rejected the analysis of one of the parties saying at [1277]

It is not a method referred to in the Protocol.

And at 1282: Continue reading

A planning reader?

GeorgeAs a construction lawyer with a particular interest in retrospective delay analysis, I sometimes want to read Primavera or Microsoft Project files. Just occasionally, it would be useful to also write to these files where, for example, I am making suggestions to clients as to how a particular delay analysis should be done. But usually, I just want to read the files to check to see, for example, whether there are any constraints in an analysis which would show that it has been prepared using the “gross method” or some other illegitimate technique. In the past, I used to have access to Microsoft Project, and before that Open Plan, but having gone to the bar, I now have access to neither of these.

I have Project Libre, which is open source, and this will Continue reading