A New Construction Contract for the 21st Century


Time Management 

By Keith Pickavance 

London, UK

This is the second in a series of articles about the Chartered Institute of Building’s international construction Contract for use with complex projects. In this, we look at an overview of the foundation of the time-control features of CPC2013, the dynamic time model and Progress Records, which set it apart from those of other standard forms of contract currently available. 

The dynamic time model 

Many contracts have programming or scheduling provisions of some sort, but no other standard form currently available sets out what is actually required in the way of quality of scheduling, or provides adequate sanctions for non-compliance. The JCT Standard Building Contract, 2011, for example, one of the UK’s most popular construction contracts, whilst containing some 17 pages of clauses dealing with costs adjustment, has just one on scheduling, which states:

“The Contractor shall without charge provide the Architect/Contract Administrator with his master programme for the execution of the Works identifying, where required in the   Contract Particulars, the critical paths and/or providing such other details as are specified in the Contract Documents.”

Although this contains an invitation to write something more extensive in the specification (and many do) in practice it is often ineffective because the conditions of contract do not provide any relationship with any other time related provisions of the contract, such as recovery, acceleration and extensions of time, nor do they provide any redress for non-compliance with anything specified.

AIA 201 (2007) and AS4000 are equally brief and have the same shortcomings. Although FIDIC and NEC3 contain more in regard to required content, none provide anything by way of which any quality control of scheduling can be exercised, nor any redress for non-compliance. If the Employer wishes to have the opportunity of doing something other than just let the project slip into delay, a different approach to the problem of time management is needed.

CPC2013 is different in that it encourages the Employer to be proactive. Risk, time and cost are to be managed collaboratively and contemporaneously in line with the recommendations of the Society of Construction Law’s Delay and Disruption Protocol. This requires a dynamic critical path network as a time model (or Working Schedule as it is called in CPC2013). It is to be prepared in accordance with a default specification for the design, production and maintenance of the schedule, contained in the Contract Appendices and is to conform to the guidelines in the CIOB’s Guide to Good Practice in the Management of Time in Complex Projects (“the Guide”). It is to be checked by a Project Time Manager, appointed by the Employer to ensure that the time-control requirements of the Contract are complied with, and is to be independently audited from time to time. It is not to be provided on paper, but is to be distributed transparently to all those who need to see it, in editable format in the software in which it was created so that it can be properly interrogated and understood.


To read entire article (click here)

Editor’s note: This article launches a series of articles by Keith Pickavance about the CIOB’s new contract for complex construction projects. For information about the new contract, visit http://www.ciob.org.uk/CPC.  The full article include footnotes for some of the quotations and section references above.

About the Author

keith-pickavanceflag-ukKeith Pickavance

Keith Pickavance first qualified as an architect in 1972 and then in 1978 obtained a law degree. After 20 years as an architect in private practice the last 10 years of which also involved construction management, dispute resolution and expert witness services, in 1993 he joined an American company specialising in forensic services and delay analysis. In 1996 he set up on his own again specialising in delay analysis and time management in London and Hong Kong. That practice was acquired by Hill International in 2006, an international construction management and claims consultancy with which he is now appointed an Executive Consultant.  He is  a Past President of the Chartered Institute of Building and has led the CIOB’s time management initiative since its inception in 2007.  Keith is the author of Delay and Disruption in Construction Contracts (4th ed., 2010, Sweet and Maxwell) and numerous other books and articles on delay related issues.   Contact [email protected]