Chapter 4 Delay, Disruption and Causation

In October 2002, the Society of Construction Law published its ‘Delay & Disruption Protocol’. This Protocol provides guidance to people dealing with submissions for extension of time and delay claims, both during a contract and after completion of the works. The Protocol runs to some 82 pages and was drafted by a group of experts from all sections of the construction industry.

The Protocol envisages that decision-takers, e.g. contract administrators, adjudicators, dispute review boards, arbitrators, judges, may find it helpful in dealing with time-related issues.

4.1 Delay

In this section I highlight and expand upon what I consider are four broad groups of delays, including how they operate contractually. The four groups are:

  1. Non-excusable delays
  2. Excusable non-compensable delays
  3. Excusable compensable delays
  4. Concurrent delays.

In this section, I cover the more specific aspects of:

  1. What is delay analysis: Delay analysis is a forensic investigation into the events or issues that caused a project to run late.
  2. Delay analysis methodology: I look at the two main types of delay analysis methodology, namely, prospective and retrospective.
  3. Time and money: The SCL’s Protocol emphasises that “Entitlement to an EOT does not automatically lead to entitlement to compensation”, and that “prolongation compensation will be recoverable if the Contractor can prove that its losses result from the Employer delay. Proper analysis of the facts ...

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