Extensions of time, concurrent delay, float and disruption analysis — an introduction to the issues that dominate construction disputes, and how the SCL Protocol addresses them.
Delay and disruption issues account for a large share of construction disputes worldwide, and Ukrainian reconstruction projects — with their compressed programmes, supply chain volatility and security constraints — are particularly exposed.
The core questions
- Extension of time. Is the delaying event one for which the contractor is entitled to more time, and how is that entitlement assessed?
- Concurrent delay. Where two causes operate at once — one the employer's risk, one the contractor's — how is the outcome shared?
- Float. Who owns the spare time in the programme, and may it be consumed by either party?
- Disruption. Where works are delivered less efficiently rather than later, how is the loss of productivity measured?
- Prolongation costs. Which period is relevant for valuing time-related costs?
The Delay and Disruption Protocol
The Protocol published by the Society of Construction Law (UK) offers a balanced framework of good practice on each of these questions. It is not a contractual document, but it is widely referred to by practitioners, experts and tribunals, and provides a common professional vocabulary for parties from different legal traditions.
You can read more on our Delay & Disruption Protocol page.
Practical steps
Whatever the contract, three habits materially improve a party's position: maintain a realistic and updated programme, keep contemporaneous records of events and their effects, and give notices on time and in the required form.
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