Construction: Methods of Assessing Disruption Claims


November 2, 2020

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The Society of Construction Law (SCL) Protocol for Determining Extensions of Time and Compensation for Delay and Disruption (dated October 2002), paragraph reference 2.1.7, on page 4 defines disruption as:

"Disruption (as distinct from delay) is disturbance, hindrance or interruption to a Contractor’s normal working methods, resulting in lower efficiency. If caused by the Employer, it may give rise to a right to compensation either under the contract or as a breach of contract."

Whereas, Keating on Construction Contracts 9th Edition, on page 330, paragraph reference 9-027 (b) introduction to types of ‘Contractor’ claims, states:

"A distinction should be made between prolongation claims (involving costs and losses incurred as a result of delays to the activity in question or the works as a whole which have led to critical delay to the contract completion date) and disruption claims (which involve those additional costs and losses incurred during extended or disrupted periods of activities usually without any effect on the completion date for the works."

Features of disruption

Programmes plan for resources to work at industry or company standard rates of output, as applicable to each of the planned activities. If appropriate these standard rates of output are reduced, or increased, to accord with the expected efficiency level accounting for the site location, conditions, congestion, complexity, buildability, quality, size of project, continuity, weather, available work fronts, access and egress, etc. specific to that project.

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