In this report, it will be explain the authority and limitations of the Society of Construction Law Delay and Disruption Protocol, and an analysis of impact on programming techniques.
2. SOCIETY OF CONSTRUCTION LAW DELAY AND DISRUPTION PROTOCOL
The Society of Construction Law has worked to promote for the public benefit education, study ad research in the field of construction law and related subjects in the UK and overseas. The SCL Delay and Disruption Protocol has been prepared for determining extensions of time and compensation for delay and disruption. Published on 2002, it exists to provide guidance to all parties to the construction process when dealing with delay. The Protocol examines the issues of delay and compensation from two perspectives, during the currency of the project and after the event. 2.1 DURING THE CURRENCY OF THE PROJECT (IMPACTED AS PLANNED) During the currency of the project, the SCL recommends in the protocol that programmes are prepared, approved and regularly updated on common software packages. The existence of these documents will facilitate consideration by the Contract Administrator of any application or need for an extension of time shortly after the delay has occurred. To give results, first, we need to have in mind this adage: "garbage in, garbage out". Sensible procedures, regular program updates and timely analyses of the effects of events are the toolkit provided by the SCL Protocol, but these will be of limited value if the baseline program is unrealistic. Following the procedures, is the substitute for a proper program in the first place. Therefore, in order to gain maximum benefit from the Protocol both parties will have to devote a big attention to the program. Although the contractor will have to prepare the program, the employer will need to contribute meaningfully to its development by providing the necessary information about the works. Second, the SCL recommends that the program is approved and provides model wording governing the approval procedure for inclusion in the contract. …show more content…
In provision is made, however, is what happens when the parties can not agree on the program. The dispute could be dealt with under the contractual disputes procedures, but in practice, it may be difficult for the project to recover from such an unpromising start. Again, therefore, the success of the Protocol depends on the spirit adopted by the contracting parties.
2.2 AFTER THE EVENT (TIME IMPACT ANALYSIS)
Where the dispute is being dealt with after the event the Protocol’s preferred method of delay analysis is time impact analysis. The Protocol also states that time impact analysis should be used always that the circumstances permit, both for prospective and retrospective analyses.
Time impact analysis involves charting the effect of a delay at the point in time when it occurs, allowing the likely consequences of the event to be determined. Time impact analysis does not affect all of the delaying events into the approved programme, the method takes account of the actual progress before each event and the programme that the contractor intended to follow the event and, as the last delaying event is impacted, an as-built record of the project stretches out behind it. In practice, it is probable that the effect of a delaying event will not remain exactly as it is predicted on influencing, and that other events, such as a re-programming exercise or period of