If you are experiencing any delay and disruption on any of your projects or developments please send an email with your contact details to roger.bingham@forrylimited.com and we will call you straight back.

The delay and disruption protocol has been prepared by the Society of Construction Law. It provides guidance to all parties to construction contracts when dealing with delay and disruption and assists with determining extensions of time and compensation for delay and disruption. During the period of February 2017 the Society of Construction Law published an update to this protocol.

Society of Construction Law Launches Second Edition of The Protocol On Delay and Disruption.

Article by Liam Forry, date 20/03/2017

The protocol is not a legal requirement, but it does provide useful assistance to parties when dealing with delay and /or disruption. The second edition is not an overhaul of the first edition. It provides updates and clarifies guidance around a number of issues, including, but not limited to:

Concurrent Delay
The protocol defines concurrency as the occurrence of two or more delay events at the same time, one of which is an 'employer risk' and the other a 'contractor risk'. The effects of both these events must be felt at the same time. It also recognises that the term 'concurrent delay' is regularly
 used to describe a situation where two or more delay events (one an ‘employer risk’ and one a ‘contractor risk’) arise at different times, with the effect felt at the same time (concurrently). In either case, the protocol provides concurrent delay will not become an issue unless one is an ‘employer risk’ and one is a ‘contractor risk’ that lead (or will lead) to a delay to completion.

Disruption Analysis

The updated protocol considers methods of delay analysis, including a helpful list of analysis methods with explanations. Guidance is provided as to which method is the most appropriate. The objective is to provide that any conclusions reached are appropriate from a "common sense perspective in light of the facts".

Record Keeping
The updated protocol provides a focus on the importance of record keeping. It deals with record keeping from a practical perspective and provides guidelines on the production of accurate records in sufficient detail which is proportionate to the scale of the project.

This is the second edition of the protocol and updates within it include (amongst other things)  developments in the law; developments in industry practice; industry comment; and recognition of international projects.