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RICS guidance note RICS professional guidance, UK Extensions of time 1st edition rics.org/guidance rics.org Extensions of time RICS guidance note 1st edition Acknowledgments RICS would like to thank the following for their contribution to this guidance note. Technical author: Christopher M Linnett FRICS, Christopher Linnet Limited Co-authors: Camilla de Moraes, K&L Gates LLP Stephen Lowsley, Driver Trett Matthew Smith, K&L Gates LLP Working group: Chair: Andrew Smith MRICS, Laing O’Rourke John G Campbell, BAM Construction Limited David Cohen, Amicus Development Solutions Stuart Earl FRICS, Gleeds Roland Finch FRICS, NBS Christopher Green, Capita Symonds Ltd William Hall MRICS, Lend Lease Roy Morledge, Nottingham Trent University Michelle Murray, Turner & Townsend plc Michael T O’Connor, Carillion Construction Limited Kevin Whitehead, McBains Cooper Consulting Limited Alan Muse, RICS Published by the Royal Institution of Chartered Surveyors (RICS) Parliament Square, London, SW1P 3AD, UK www.rics.org No responsibility for loss or damage caused to any person acting or refraining from action as a result of the material included in this publication can be accepted by the authors or RICS. Produced by the QS and Construction Working Group of the Royal Institution of Chartered Surveyors. ISBN 978 1 78321 085 5 ©Royal Institution of Chartered Surveyors (RICS) November 2014. Copyright in all or part of this publication rests with RICS. No part of this work may be reproduced or used in any form or by any means including graphic, electronic, or mechanical, including photocopying, recording, taping or web distribution, without the written permission of RICS or in line with the rules of an existing licence. Typeset in Great Britain by Columns Design XML Ltd, Reading, Berks Extensions of time Contents RICS professional guidance.......................................... 1 1 Introduction................................................................ 3 2 General principles (Level 1 – Knowing)................... 4 2.1 Costs of delay...................................................... 4 2.2 Background to extension of time clauses........... 4 2.3 Extensions of time under standard forms of contract................................................................ 5 3 Practical application (Level 2 – Doing).................... 12 3.1 Submission of delay notices ............................... 12 3.2 Measurement of delay......................................... 12 3.3 Methods of delay analysis................................... 12 3.4 Delay assessments using BIM............................ 15 4 Practical considerations (Level 3 – Doing/ Advising)..................................................................... 16 4.1 Which method of delay analysis should be adopted?.............................................................. 16 4.2 Strengths and weaknesses of delay analysis methods............................................................... 17 4.3 Concurrent liability for delays.............................. 18 5 Summary..................................................................... 19 ii RICS guidance note Effective date 10 February 2015 rics.org RICS professional guidance International standards RICS is at the forefront of developing international It is for each member to decide on the appropriate standards, working in coalitions with organisations procedure to follow in any professional task. However, around the globe, acting in the public interest to raise where members do not comply with the practice standards and increase transparency within markets. recommended in this note, they should do so only for a International Property Measurement Standards (IPMS – good reason. In the event of a legal dispute, a court or ipmsc.org), International Construction Measurement tribunal may require them to explain why they decided Standards (ICMS), International Ethics Standards (IES) not to adopt the recommended practice. Also, if and others will be published and will be mandatory for members have not followed this guidance, and their RICS members. This guidance note links directly to and actions are questioned in an RICS disciplinary case, underpins these standards and RICS members are they will be asked to explain the actions they did take advised to make themselves aware of the international and this may be taken into account by the Panel. standards (see www.rics.org) and the overarching In addition, guidance notes are relevant to professional principles with which this guidance note complies. competence in that each member should be up to date Members of RICS are uniquely placed in the market by and should have knowledge of guidance notes within a being trained, qualified and regulated by working to reasonable time of their coming into effect. international standards and complying with this guidance. This guidance note is believed to reflect case law and legislation applicable at its date of publication. It is the member’s responsibility to establish if any changes in RICSguidancenotes case law or legislation after the publication date have an impact on the guidance or information in this This is a guidance note. Where recommendations are document. made for specific professional tasks, these are intended to represent ‘best practice’, i.e. recommendations which in the opinion of RICS meet a high standard of professional competence. Although members are not required to follow the recommendations contained in the note, they should take into account the following points. When an allegation of professional negligence is made against a surveyor, a court or tribunal may take account of the contents of any relevant guidance notes published by RICS in deciding whether or not the member had acted with reasonable competence. In the opinion of RICS, a member conforming to the practices recommended in this note should have at least a partial defence to an allegation of negligence if they have followed those practices. However, members have the responsibility of deciding when it is inappropriate to follow the guidance. Effective date 10 February 2015 RICS guidance note 1
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