3. About "Delay and Disruption Protocol" ep.1

About "Delay and Disruption Protocol" , Episode 1

This episode will talk about the "Delay and Disruption Protocol" which was first published in October 2002 by the Society of Construction Law (SCL) who was established in the United Kingdom in 1983. The SCL has laid down a guidance with theoretical and practical approach related to the delay and disruption issues that often arise within the execution of a construction contract, where one party often calls for extension of construction period and / or additional compensation to the other. The purpose of the guidance is for reference by the parties by means of reaching agreement to avoid further disputes that should be resolved by negotiation.

The first Delay & Disruption protocol published in 2002 is widely accepted and used in construction projects in many countries around the world. This is why SCL needs to consider the second amendment and publishes the 2^nd edition in February 2017 with some adjustment to be more international than the content originally provided in the 1^st edition which is only based on English and Welsh law, for mainly use in construction projects in UK.

However, the major principle of the 2nd edition document is still based on English and Welsh law, and that there are associations of construction law in some countries, for example, Malaysia added a supplementary document based on the SCL’s 1st Edition, at about the same time as the SCL’s 2nd edition publishing to adapt to Malaysian law itself. Many countries may be doing the same.

For those who used to study the Delay and Disruption Protocol 1st edition, they will find there are noticeable changes in the 2nd Edition starting from the table of content page that reorganizes all the chapters’ arrangement and, in my opinion, this is not a minor change. But with previous study, we will see major basic ideas of delay and disruption’s principles still remain. Focus of the revisions is on eight key issues, which are described in article K. of the Introduction, and are also summarized by a guru in https://www.whitecase.com/publications/alert/second-edition-scl-delay-and-disruption-protocol. For the newcomer, I recommends you to start your study with the 2nd edition right away. The blog will tell the content from 2^nd edition without returning to mention 1st edition to avoid confusion. 

Content of the Delay and Disruption Protocol 2nd Edition, February 2017 

• Core Principles - The protocol’s Core Principles lay the fundamental ideas of programme, delay, EOT: Extension of Time, Claims, valuation of variation, compensation for prolongation, etc.
• Guidance Part A: Delay, Disruption & Acceleration Concept – Part A describes the theoretical and practical guidelines for delay, disruption and acceleration.
• Guidance Part B: Guidance on Core Principles – Part B describe more in detail for the theoretical and practical guidelines of 22 Core Principles.
• Guidance Part C: Other Financial Heads of Claim – Part C refers to financial claims other than those already mentioned in Part A and B such as interest, head office overheads and profit, and the claim preparation costs.
• Appendix A: Definition and Glossary – this is an appendix for definitions and glossaries.
• Appendix B: Record types and examples - this is an appendix for the construction documentation which are categorized into six categories. It recommends with reason behind for keeping these records as evidences for the benefit of the negotiation on delay and disruption to seek a settlement without disputes.
  
  Next, I will bring the content in the D & D protocol 2nd edition to digest for the (people like Thai) reader, chapter by chapter,until the end of the document. If interested, please follow ...

References and Credits:
- https://www.scl.org.uk/resources/delay-disruption-protocol 
- https://www.whitecase.com/publications/alert/second-edition-scl-delay-and-disruption-protocol