Delay and Disruption Protocol meaning

What is acceleration? In construction law, acceleration is commonly taken to mean adopting steps to increase the pace of the works so completion occurs sooner than it otherwise would. However, there is no settled legal definition of the term. In Ascon v Alfred McAlpine, the court remarked that ‘acceleration’ is often bandied about as if it were a precise term of art, yet nothing persuaded the judge that this was so. The root idea behind the metaphor is, no doubt, that of increasing speed and, in the context of a construction contract, finishing earlier than planned. On that basis, ‘accelerative measures’ are actions taken—assumed to be at increased expense—with a view to achieving that aim and bringing completion forward. The Society of Construction Law’s Delay and Disruption Protocol (SCL Protocol) describes acceleration as the application of additional resources or alternative construction sequences or methodologies, seeking to realise the planned scope of work in a shorter time than planned, or the execution of additional scope of work within the...

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...

This Practice Note considers the status of the programme in a construction contract, what difference it makes if the programme is a contract document and the approach of standard form contracts to the programme. The programme sits at the heart of every construction scheme. It enables the contractor to arrange the job and map out how the works will be executed. It likewise allows the employer and contract administrator to track progress, gauge the contractor’s output and evaluate delay. So, what duties do the parties have concerning the programme? Broadly, save where the construction contract provides to the contrary, the contractor may schedule the works and execute them in whatever sequence it considers appropriate, with the employer having limited sway over the order and tasks. In GLC v Cleveland Bridge and Engineering (1984) 34 BLR 50 (not available in LexisNexis®), the court observed that a contractor is generally entitled to 'plan and perform the work as he pleases, provided always that he finishes it by the time fixed in...