Construction Law - Forensic Planning
Tuesday, September 23rd, 2008JCA are repeatedly being commissioned (and more frequently) for Delay and Disruption Disputes, either to independantly adjudicate on time impacts of delay events, or to build claims for Extension of Time.
However it seems that there is a severe lack of understanding of the principles behind delay and disruption disputes by both contractor’s and developers. Developers (and their superindentants) are not specifying adequately the necessary planning methodology (for the contractor to adhere to) to avoid disputes. Likewise Contractor’s are not using suitable planning methodology to help justify their claims. Some are trying but seem to be more focused on developing proceedures to suit the planning software, rather than dealing with more useful procedures for avoiding delay and disruption disputes.
JCA recomend that all parties to a contract, before entering into contract, agreed to adopt the planning/scheduling principles as set out in “The Society of Construction Law - Delay and Disruption Protocol” (Oct 2002 www.eotprotocol.com). This is a protocol developed internationally for Construction contracts, and is used by Australian Arbitrators.
Were not saying that by adopting better practices that delays will be avoided… Delay and disruption will always ocur on construction contracts, however, by both parties adhereing to better planning protocols, then the measurement and adjudication when dealing with delays will be easier, and therefore help to avoid disputes, or escalatation to costly arbitration/litigation.





It’s already September…