Critical path meaning

What are the practical implications of this case? This ruling has meaningful consequences for advisers working on intra‑EU investment disputes and on enforcement tactics. Strategic seat selection: The judgment confirms that choosing a seat outside the EU—most notably Singapore—can shield ECT arbitrations from intra‑EU objections grounded in Achmea and Komstroy. Although those CJEU authorities expose intra‑EU awards to challenge within the Union, they do not impugn the validity of such awards in jurisdictions beyond the EU framework. Seat selection is therefore a critical strategic choice from the outset of any intra‑EU investor‑State dispute. Enforcement planning: Award creditors should look to enforce in non‑EU courts that are not bound by EU law doctrines. The SICC’s firm rejection of the intra‑EU objection outlines a clear path to enforcement outside the EU, offering a practical alternative where courts in EU Member States may decline recognition and enforcement. Definition of ‘investment’: The court’s refusal to apply the Salini criteria where the treaty provides its own definition of ‘investment’...

The dispute stemmed from a 2012 agreement for the modernisation of DBS’ services (the ‘Agreement’), under which TCS undertook to assume control of and operate DBS’ legacy platforms whilst creating new digital offerings. From day one, the programme suffered delays, prompting a reset of contractual milestones. TCS maintained that DBS was the source of those delays and, in particular, that DBS’ IT hosting provider, Hewlett Packard Enterprises (HPE), caused a critical delay. DBS contended that the true cause was that TCS’ software was not ready to be deployed on the infrastructure owing to slippage in the development and testing of the software, and further said it bore no responsibility for HPE’s activities. TCS sought £110m in delay damages. DBS advanced a counterclaim for delay, together with claims tied to deficient software quality. A separate, self-contained dispute between the parties also arose concerning the correct reading of the volume-based service charges mechanism, valued at £14m. The Agreement featured numerous interpretation issues unique to the matter, many of which were specific to...

Delay analysis Delay analysis is a specialist technique used by programming/planning experts to pinpoint delay and its cause(s) in relation to a project’s works completion date. In turn, this enables responsibility under the contract, and liability for the delay, to be determined. Software tools are routinely employed within delay analysis. This Practice Note outlines the principal delay analysis methodologies in common use, together with the key terms that accompany them. It adopts the framework set out in the second edition of the Society of Construction Law Delay and Disruption Protocol (SCL Protocol), guidance section 11. For further details on the SCL Protocol, see Practice Note: Delay and disruption in construction projects—The Society of Construction Law Delay and Disruption Protocol. Owing to their highly technical character, none of the delay analysis methods lends itself to a simple or brief explanation. Accordingly, only concise overviews are given here, and readers are urged to consult the SCL Protocol or other authoritative, in-depth studies. Taken as a whole, delay analysis is a demanding...

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Call-off The method, within a framework agreement, of directing particular works to be undertaken when needed, as appropriate. According to the arrangement's format and conditions, a call-off might demand that a separate contract is concluded, or it may simply need the instructing party to issue a call off notice. Refer to Practice Note: Framework agreements in construction—call-off procedures. CAR insurance Consult Contractor's all risk (CAR) insurance below. Category A fit out Interior fit out provided to a fundamental standard for landlords/developers, typically. Pinning down the scope is challenging, as it can differ quite widely in practice. Nevertheless, guidance does exist, such as authoritative publications issued by the British Council for Offices. Category B fit out Interior fit out delivered to an exact specified design for occupiers/owners...

Introduction Delay analysis is undertaken by planning/programming specialists to determine the extent of delay to a project and the reasons for any movement to the completion date. This involves defining the critical path through the works and identifying delay events that fell on that path, thereby causing critical delay. Numerous methodologies exist and are typically chosen at the planning/programming analyst’s discretion. Several are endorsed by industry guidance, including the Association for the Advancement of Cost Engineering International (AACEI) Recommended Practice 29R-03 and the 2nd Edition of the Society of Construction Law Delay and Disruption Protocol (SCL Protocol). Specialist programming software, such as Primavera P6 or Asta Powerproject, is commonly employed to undertake a delay analysis, although, as this Practice Note explains, some techniques place greater reliance on the programmes than others. The six main delay analysis methodologies are: Impacted as-planned analysis Time impact analysis Time slice windows analysis As-planned versus as-built in window analysis Retrospective longest path analysis Collapsed as-built...

Contractor’s programme 1 Within seven days from the Contract date, the Contractor, at no additional cost, shall supply and deliver to the Employer a programme for execution of the Works [ setting out the critical path and ] and incorporating particulars and data required by the [ insert relevant contract document eg Employer’s Requirements if JCT Design and Build form used ]. Thereafter, at monthly intervals, the Contractor shall: 1.1 submit a written report to the Employer comparing the progress of the Works against the programme then current; 1.2 advise the Employer of any delay in accordance with clause [ insert relevant clause reference ]; 1.3 provide the Employer with a revised programme for the Works...