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SCL- Unethical Crimimal - Discussion Draft - Examp

4 replies [Last post]
Thu, 2005-03-24 08:08
Gerry McCaffrey
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The Society of Construction Law have issued a publication titled "Unethical Behaviour and Criminal Acts". It is a draft for discussion. Those PPers who want to shape the future (in crucial matters to construction planning) should read Example 24 and provide some guidance/comment to the SCL on this point. I consulted a draft a few months ago. However it is now a more widely distributed document as the SCL have widely circulated a finely bound hard copy!!

If Example 24 converts to hard law, the business of constructing things will become even less profitable - especially in contracts providing for substantial Liquidated Damages.

Is it Unethical? I can see this document being quoted in some submissions as authority (on behalf of Employers).

I suppose it depends upon what your written contract states... (Does it ever say enough on concurrency! Can it?)
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Fri, 2005-03-25 15:09
#1
Philip Jonker
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Hi Andrew,

Agreed, lets do our job, planning.

Regards

Philip
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Thu, 2005-03-24 22:09
#2
Andrew Flowerdew
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Phillip,

Totally agree but unfortunately not everyone in our industry has dragged themselves out of the dark ages.
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Thu, 2005-03-24 15:15
#3
Bill Guthrie
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Had a chance to work in a Claims analysis mode last year on a major offshore project. (will not say the name, its still ongoing).
Awsome effort was put into the schedule claims area, spending over 1 million dollars for analysis prior to going to Court. Lessons learned.
1. The project had over 20 planners on it from day one and after doing analysis of the schedule, could not beleive such stupid people were still working on the project for the prime contractor. They basically broke every "rule" in the planning book and should have been terminated many moons ago.
2. All the effort for claim preperation was only that, a effort because it was settled out of court after other part found out about our 1 million dollar effort. So by doing the analysis itself prompted a settlement.
strange world..
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Thu, 2005-03-24 09:39
#4
Philip Jonker
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I read somewhere on a thread, some discussion about lawyers taking over the claims business. Construction/projects is about every party making money and not ripping each other off. The point is fairness. I personally believe in ethics. I think yhe NEC ( New Engineering Contract) makes provision for this. The point is stop using the dirty word "claims" lets call it entitlement, or compensation event, and BASTA with these so-called experts, the forensic lot, and lets get on with our jobs, ie avoiding the bull, and build the projects, on time.
The problem is a lack of communication.
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