Appendix 3Society of Construction Law: Delay & Disruption Protocol (October 2002)
Clause 19: Disruption
1.19.1 Disruption (as distinct from delay) is disturbance, hindrance or interruption to a Contractor’s normal working methods, resulting in lower efficiency. If caused by the Employer, it may give rise to a right to compensation either under the contract or as a breach of contract.
1.19.2 Disruption is often treated by the construction industry as if it were the same thing as delay. It is commonly spoken of together with delay, as in ‘delay and disruption’. Delay and disruption are two separate things. They have their normal everyday meanings. Delay is lateness (e.g. delayed completion equals late completion). Disruption is loss of productivity, disturbance, hindrance or interruption to progress. In the construction context, disrupted work is work that is carried out less efficiently than it would have been, had it not been for the cause of the disruption.
1.19.3 Disruption to construction work may lead to late completion of the work, but not necessarily so. It is possible for work to be disrupted and for the contract still to finish by the contract completion date. In this situation, the Contractor will not have a claim for an EOT, but it may have a claim for the cost of the reduced efficiency of its workforce.
1.19.4 Not all disruption is subject to the payment of compensation. The Contractor will be able to recover disruption compensation ...
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