"As set out in the preface to his book, Mr Atkinson's objectives are to attempt to explain the law of causation as it relates to construction projects, to identify the principles which need to be applied and then to set out the practical steps to be taken in consideration of the incidence of liability.
In short, I believe that Mr Atkinson has fully achieved what he set out to do. He has, in 138 pages, produced an excellent piece of work on an extremely difficult area of the law. His book is going to be an invaluable addition to the collection of all of us who are involved in construction and engineering projects and disputes, whether as counsel, expert or tribunal member.
The book needs to be read as I believe the author intended it to be read, namely, from cover-to-cover in one or two sittings. In that sense, it is not a traditional text book, which is no bad thing. Once read and understood, however, it will be one of those books into which the reader will be able to dip for particular needs.
Mr Atkinson has thoroughly analysed the concepts of causation which have emerged from the wide-ranging cases cited (not simply those drawn from the construction and engineering arena) and then admirably sought to apply them to construction scenarios. To the delight, no doubt, of those of us involved in construction and engineering claims and disputes, the author concentrates his work upon the knotty subject of causation in the context of delay.
Having set the scene in relation to the law, Mr Atkinson then very succinctly provides the reader with guidance on, and warnings of the pitfalls in, the demonstration of causation through the use of programmes, a critique of the various delay analysis techniques, and judicial commentary on the competing methodologies.
Whilst Mr Atkinson has provided the reader with a wealth of up to date case law, the decision of His Honour Judge Anthony Thornton QC in AMEC v Stork would have been worthy of a mention in the context of global claims. Further, I was expecting to see something said of the SCL delay protocol and a view as to float ownership.
The book is, on the whole, an easy read. There are some typographical errors, but not so many to irritate. Further, and perhaps it is just me, but I am not a great fan of the numbering style adopted (that, "5.12.5.2" etc,). However, it does have the advantage of easy identification if the relevant point is being referred to elsewhere. Finally, given the cover-to-cover nature of the book, it really does deserve a concluding chapter which summarizes and reinforces all the very good preceding work.
These are all very minor criticisms, which are capable of being put right in the first reprint. They should not in any way prevent those of us involved in construction projects and disputes from buying a copy now."
"A must-read pocket reference book for any construction professional or lawyer faced with proving, defending or deciding liability for delay-based claims. Atkinson’s book is a welcome and timely reminder and explanation of the basic principles of causation – the “holy trinity” of law, logic and common sense. Principles often ignored or obscured in a subject which is increasingly losing touch with reality. This book brings the whole subject back to earth with a bump. Its up-to-date and comprehensive legal reference and practical examples help to demonstrate what may truly lie hidden behind the smoke and mirrors so often associated with modern-day computerised delay analysis techniques.
Establishing the basic but essential principles of causation in Construction Law, and how to do it, is Atkinson’s message. And the examples he gives of the pitfalls and consequences of failing to do it get the message across loud and clear."
"When in the course of a contract a single cause gives rise to a single event there is rarely too much difficulty in the determination of liability for any adverse consequence. Unfortunately life is not always that simple and construction contracts in particular have a habit of throwing up situations which can test the keenest analytical minds. The engineer orders extra work after the contractor has, for various reason, already over-run the due date for completion; two partially concurrent events have different adverse effects on progress - one is the responsibility of the employer, the other of the contractor. Who in these situations is liable for the overall prolongation of the contract? It all depends on causation - a favourite word of lawyers. And many a claim has fallen because of a failure by the claimant properly to establish a connection – the causal link - between an occurrence and a delay to progress or an increase in cost.
The author considers various contractual situations, most of which have been the subject of scrutiny by the Courts; indeed, there is reference to over 50 judgements including the comments, observations and interpretations of the judiciary in reaching their decisions. These illustrate that there is more than one concept of causation and, in the course of a comprehensive, practical examination including such matters as dominant cause and concurrency, the author suggests possible inherent inaccuracies which offer an explanation why different approaches can produce different results.
Methods of programming and delay analysis are examined with special reference to the development and degree of acceptance of global claims.
The author succeeds in including in his book a wealth of information and analysis in a concise and readable style and it is recommended to anyone involved in the preparation, examination or determination of construction disputes."
"The book involves some easy reading explaining principles, logic and approaches by reviewing the benefit and shortfalls of various options. However, there are also certain sections of the book that are well detailed and include commentary on relevant cases confirming the reasoning behind the relevant principles, logic and approaches.
Obviously through extensive research and experience, the author has derived seven essential conditions which form the basis of a “checklist” to ensure the validity of any global claims being pursued.
The additional text on Global Claims (with reference to and commentary on specific case law) should ensure that the claimant prepares a document that is in line with legal expectations and therefore increased chances of recovery.
This book should prove to be an essential guide to ensuring resources are not wasted on preparation of documents that will falter easily.
Anyone who has been to a Daniel Atkinson lecture will appreciate how much material there is to cover on the issue of claims and programmes. This book provides an easy reference for a global claim situation through establishing the cause and basis of the claim and apportioning (through dominant cause and concurrency in delays) cost/value thereto by application of programming details."
