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SCL Delay & Disruption Protocol

5 replies [Last post]
Wed, 2006-09-20 12:02
ofer haimovitz
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As part of my work for a second academic degree in law i am conducting a study on the protocol, i would like to ask if, as far as you know, there’s been any use of the protocol in court/arbitration in England/United States or other countries.
Thank you in advance.
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Replies

Thu, 2007-03-22 12:24
#1
Andrew Flowerdew
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David,

You’re more than welcome to comment, as always. The question I guess is why hasn’t the Protocol been taken up more widely in the UK?

I think it the increasing use of the NEC form of contract has probably had alot to do with it.
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Thu, 2007-03-22 11:03
#2
David Bordoli
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Ofer

I realise this is an old thread and I might be a bit late to assist with your studies.

I have recently been assisting in a research project ’ Developing Protocols for Virtual Prototyping headed by Professor Andrew Baldwin of the Hong Kong Polytechnic University with assistance in the UK from Professor Simon Austin of Loughborough University.

Part of that research was a survey of the UK Construction Industry and we have an article in the February 2007 issue of Construction Manager that details some of the findings. In particular:

"When the Protocol was published some voiced concern that it would solely become a standard by which expert reports were to be judged. This does not seem to have been the case, as those that know about the Protocol say it is cited in less than half of disputes they have been involved with. It was not intended that it should be a contract document and only 13% say they have been involved in projects where the contract conditions have been amended to include or comply with its terms.
Having said that, one of the Protocol’s aims was that, in time, most contracts would adopt its guidance. This does not seem to be happening in the UK to any great extent although the SCL has recently reported that the Romanian equivalent of the UK’s Highways Agency is to direct its consultants and contractors that they must implement the procedures of the Protocol on all existing and new projects."

The full text can be found at:
http://www.construction-manager.co.uk/story.asp?storyType=143&sectioncod...
you might have to register to get access but it is free.

Apologies to those subscribing to this thread (Andrew!) who have read and commented on this before.

Regards

David
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Sat, 2006-09-23 07:45
#3
Andrew Flowerdew
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Hence my statement

"where the Protocol has been incorporated in a contract"
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Fri, 2006-09-22 12:21
#4
Shahzad Munawar
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In my view such protocols may not be used in arbitration or litigation becuase in legal cases contractual conditions always superceeds on such documentation
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Wed, 2006-09-20 17:58
#5
Andrew Flowerdew
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Ofer,

I only know where it has been refered to and held up as good practice, either for the planning during a project or it’s recomendations for retrospective analysis - but I don’t know of any case where the Protocol has been incorporated in a contract and then a dispute over something in the Protocol has come to court.

As it’s main aim is good practice and dispute avoidance, it would have failed miserably if some point had ended up in court over something contained in it!!!!
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