The case is of interest because some Australian Courts have previously been reluctant to accept delay analyses if such analyses are not “ an accepted method of delay analysis ” (often by reference to those methods contained within the … For example, the U.S. Court of Appeals for the District of Columbia Circuit recognized the distinction between claims for delay versus disruption and awarded disruption damages to a contractor despite the presence of a no-damage-for-delay clause. Concurrent delay: Concurrent delay and the prevention principle Introduction This article looks at the interrelationship between the ‘prevention principle’ and concurrent delay. In Proceedings of the Seminar of Adjudication Society, Edinburgh, UK, 27 February 2003. A. Delay and Disruption Protocol (2nd ed) (the Protocol). In White Constructions Pty Ltd v PBS Holdings Pty Ltd [2019] NSWSC 1166 the Supreme Court of New South Wales, Australia, rejected both parties' expert delay analysis and the methodologies on which they were based, holding that their inclusion in the Society of Construction Law Delay and Disruption Protocol was not a relevant factor for their appropriateness for the case. The Protocolis divided into the following sections: Section 1-Coreprinciples in delay and disruption. v. Blake Constr. Section 3-Guidance with howto dealwith extension oftime applicationsduring the course of a project. Section 2-Guidanceon, the preparation, of programmesand recordsand theirsubsequent use forthe managementof extensions of time. THE LAW OF CONSTRUCTION DELAY, ACCELERATION & DISRUPTION ANDREW D. NESS Partner & Construction Group Co-Chair HOWREY LLP “Time is money” is the fundamental premise underlying disputes regarding delays to construction projects. N. Braimah, An investigation into the use of construction delay and disruption analysis methodologies. 22343, 81-1 BCA p 15,010 at 74,267. The Delay and Disruption Protocol Although not generally relevant to any particular contract terms, the Delay and Disruption Protocol (the Society of Construction Law, Delay and Disruption Protocol 2002) (the ‘Protocol’) is a document that is often referred to in the context of delay analysis. The burden rests with the contractor not merely to show that delay and disruption resulted from Government actions or inactions but also to establish their extent. disruption issues. When the owner or the owner's agents-such as the construction manager, architect, and engineer, among others-ostensibly delay or disrupt the contractor, the actual cause may be that the owner breached one or more of its obligations to the contractor. 370 (1971); Pathman Construction Company, ASBCA No. Delay and disruption in construction projects Introduction to delay and disruption A construction contract will, ordinarily, specify the date by which the works are to be completed (the 'completion date'). research carried out on delay and disruption analysis in practice, this paper reports on an aspect of the study aimed at exploring pre-construction stage programming issues that affect delay claims resolutions. This section discusses delays in performance, which are, not surprisingly, among the most commonly litigated issues arising from construction projects.