1. In October 2002, the Society of Construction Law in the UK released a Delay and Disruption Protocol. It was the work of sub-committee of members, and its stated object was to provide useful guidance on some common issues that arise in construction contracts where one party wishes to claim an extension of time and/or compensation for additional time and resources used to complete a project.
2. Further, the stated purpose of the Protocol was to provide a means by which parties can resolve these matters and avoid unnecessary disputes.
3. In June 2016, the Society of Construction Law in the UK released its consultation draft of the 2nd edition of the Delay and Disruption Protocol. The consultation draft was issued to encourage comments and input from various sources, including from members of the Society of Construction Law Australia.
4. This papers and presentation is intended to address the following:
a. the matters addressed by the 2002 Protocol;
b. the consideration of the 2002 Protocol in certain cases;
c. some criticisms of the 2002 Protocol;
d. the significant changes to the 2002 Protocol made in the 2016 Consultation draft.
The 2002 Protocol
5. The 2002 Protocol is set out as follows:
b. Core Principles relating to delay read more