M.Sc Dissertation: Time Management in Construction Law
Alan Received a distinction from King’s for his dissertation on the subject of – “An inquiry as to the efficacy of, and possible improvements to, the Contractual provisions for Time in complex projects and Programmes”
The dissertation addresses the consequences of unpredictability that were set out in in the seminal reports by Egan and Latham which led to the enactment of what has come to be known as the Construction Act of 1996 .
It puts forward the hypothesis that at the heart of any dispute concerning delay in construction lies the question of the contractual status and reliable predictability of the project’s Programme. It contends that the standard forms of construction contract used in England and Wales are in need of clarification. Further, that a significant proportion of the time and cost burdens involved in litigation on construction cases could be saved by having clearer and more coherent clauses in the standard forms of construction contract which deal the requirements of the parties as to time management. It will also be proposed that this improvement may enhance the Alternative Dispute Resolution methods that in turn may reduce the likelihood of the parties requiring the services of the courts to resolve disputes, in the first place.
Alan argues that the consequences of unpredictability on delay are of equal potency to their operational counterparts and can be further subdivided into the cause of the delay and the effect of the delay on the end date (or other key dates) otherwise known as the critical path impact of the delay.
Finally he surmises that “…programmes are important operationally, as well as in the language of causation in establishing obligations and entitlements, such that terms which refer to them should be clear and either one thing or another. The absence of a codified framework, or a single and formally recognised contractual position, as to the status of programmes and thereby the method for assessing delay seems to create more problems than it solves. Similarly, it seems to this author that the residual ground of implied terms regarding programmes and delays, which rely on good faith, are at best incongruous with the broader provisions of the common law system; at worst the protagonist of a flawed contractual machinery, albeit rich in litigation.“*
*Extract from M.Sc Dissertation: Copyright Alan Midgley and King’s College London
US-GAO Schedule Assessment Guide
Alan worked with the CIOB to provide expert guidance to the United States Government Accountability Office’s Schedule assessment Guide, published 2016
“The U.S. Government Accountability Office is responsible for, among other things, assisting the Congress in its oversight of the federal government, including agencies’ stewardship of public funds”
Guide to Good Practice in the Management of Time in Complex Projects
In 2010, Alan Chaired the CIOB’s Guide to the Management of Time;
Delayed completion affects IT, process plant, oil and gas, civil engineering, shipbuilding and marine work contracts. In fact it affects all industries in all countries and the bigger the project, the more damage delayed completion causes to costs, to reputation and sometimes, even to the survival of the contracting parties themselves.
In simple projects, time can be managed intuitively by any reasonably competent person, but complex projects cannot and a more analytical approach is necessary if the project is to succeed.
Code of practice for Project Management
Alan Midgley was delighted to have been part of the CIOB’s working group for the 5th Edition;
The first edition of the Code of Practice for Project Management for Construction and Development , published in 1992, was groundbreaking in many ways. Now in its fifth edition, prepared by a multi–institute task force coordinated by the CIOB and including representatives from RICS, RIBA, ICE, APM and CIC, it continues to be the authoritative guide and reference to the principles and practice of project management in construction and development.