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Putting the SCL Delay and Disruption Protocol into Practice - is it what the industry wants?

Paper number
D052

Keith Pickavance

September 2004

A paper based on a talk given to the Society of Construction Law in London on 8th June 2004

Keith Pickavance, who was on the Protocol drafting sub-committee, looks at the use made of the Protocol in the UK and around the world, some two years after it was first published. He looks at the management of the risk of change, arguing that risk transference does not work because the risk of change can not be borne by the contractor when the employer is the only one empowered to make changes. He also considers the changes in the way contracts are run brought about by IT, and how standard forms of contract have not adapted to these changes.

Use of the Protocol - Managing the risk of change - Changes in practice not reflected in contracts.

The author: Keith Pickavance LLB(Hons), DipArch, DipICArb, IBA, FAE, FCIoB is chairman of Pickavance Consulting Ltd (London and Hong Kong), specialiseing in the resolution of disputes involving delay in construction and civil engineering contracts as expert, adjudicator and arbitrator; he is also the author of 'Delay and Disruption in Construciton Contracts'.

Text: 5 pages

PDF file size: 50k