The Society of Construction Law Delay and Disruption Protocol
Posted by Nilam Modhwadia, Recruitment Consultant on Wednesday, August 16, 2023
As a recruiter specialising in Claims and Disputes, I have often come across the Society of Construction Law Delay and Disruption Protocol. I have used it to enhance my Construction Law knowledge and understanding of the key terms and concepts within this specialist industry. Referencing it is also a useful way to differentiate those curious about a career within construction disputes from those who have sought it out and are able to refer to its contents.
This blog will provide an introduction to the Construction Law Delay and Disruption Protocol, as well as highlight the importance of an understanding of it for jobseekers who are looking to make a move into or within construction dispute resolution.
What is the Delay and Disruption Protocol?
The Society of Construction Law Delay and Disruption Protocol is a comprehensive set of guidelines designed to address issues related to delays and disruptions in construction projects. It provides a methodical approach for locating, handling, and resolving conflicts brought on by project delays and interruptions. In order to control any delays and disruptions, the protocol encourages parties participating projects to take proactive actions. It places a strong emphasis on collaboration and communication between those parties. By encouraging transparency, thorough documentation, and open communication throughout the project lifespan, the Protocol seeks to reduce disagreements.
The Society of Construction Law Delay and Disruption Protocol encourages uniformity in how delay and disruption issues are treated and resolved, avoiding misunderstandings and conflicts when numerous parties participating in a construction project (such as contractors, owners, and legal teams) are aware of it. Essentially, the protocol acts as a useful tool for legal experts and construction professionals to handle disruption and delay issues in construction more quickly and in a way that supports on-time project completion and impartial dispute resolution.
Guidance is provided on numerous issues relating to delay and disruptions in construction projects. For example, the purpose of extension of time, effect of delay, acceleration, disruption claims, concurrent delay and period of evaluation of compensation. These are just a few of the many core principles usefully dissected in the Protocol.
However, it should be noted that the Protocol is not meant to serve as a legal contract. It also does not claim to be a statement of the law or to supersede a contract's specific terms and controlling law. While acknowledging that some of the challenges faced in construction projects lack definitive solutions, it shows a balanced and workable plan for addressing delay and disruption issues.
View the full list of core principles and to read the Protocol itself on the SCL website
Why should aspiring quantum consultants and delay analysts know about the protocol?
The Protocol is widely recognised and respected within the construction industry as a comprehensive guideline for managing and resolving delay and disruption issues. Being well-versed with the Protocol demonstrates a commitment to industry best practices and can enhance a quantum consultant or delay analyst's professional credibility. It shows that they are up-to-date with industry standards and methodologies, making their opinions more respected by others and likely to be more valuable in resolving construction disputes.
Moreover, demonstrating familiarity with the Protocol showcases a job seeker's awareness of industry standards, best practices, and established methodologies for managing delays and disruptions in construction projects. As a result, this can have the advantage of setting job seekers apart from others who may not be aware of or trained in these industry-specific guidelines.
During interviews or networking events, discussing the Protocol can create meaningful conversations and demonstrate a depth of understanding that may impress and foster further dialogue. In the specialised field of construction claims and disputes, I collaborate with local, national, and international professional consultants, who apply the Protocol regularly to their daily professional activities, hence we highly recommend becoming familiar with its contents whether you are an established construction professional or are seeking to pass your first job interview to enter the rewarding field of construction disputes.
Maxim Recruitment has a reputation for supplying premium claims and specialist disputes consultancies with top industry talent. This comprises qualified applicants who have worked in management positions for many years in the claims and disputes sector, as well as quantity surveyors, project managers, planners, and engineers who are wanting to transition into their first specialised claims and disputes career.
Reach out to one of our consultants at Maxim Recruitment or check out our current live vacancies within claims and disputes around the world.
Nilam is a Recruitment Consultant based in the Maxim head office in Leicester, UK. She supports the team with researching, headhunting, shortlisting, and interviewing valuable construction industry candidates, to place them in premium construction jobs with our market-leading UK and international clients.