👉Delay, Disruption, and Acceleration Concepts
The Society of Construction Law (SCL) Delay and Disruption Protocol, 2nd Edition (2017), provides guidance on delay, disruption, and acceleration concepts.
*Definition of Disruption*
Disruption refers to the disturbance, hindrance, or interruption to a Contractor's normal working methods, resulting in lower productivity or efficiency in the execution of particular work activities.
*Effects of Disruption*
Disruption can lead to:
• Activity delay
• The need for acceleration to avoid activity delay
• A combination of both, resulting in loss and expense
Disruption is concerned with an analysis of the productivity of work activities, irrespective of whether those activities are on the critical path to completion of the works.
*Disruption Claims*
A disruption claim ought to be supported by some form of disruption analysis. Delay and disruption are inherently interrelated, and a disruption analysis may support a critical delay claim in addition to a delay analysis.
*Relationship Between Delay and Disruption*
Delay and disruption are closely associated concepts. A loss of productivity (i.e., disruption) can lead to delay, and if the impacted activities are on the critical path, that can be critical delay. Conversely, delay can lead to disruption.
*Acceleration and Mitigation*
Acceleration refers to the situation where additional costs are incurred to seek to overcome all or part of delay or disruption. Mitigation means to make less severe or lessen delay, disruption, and/or the resultant costs and/or loss.
*Claims for Delay, Disruption, and Acceleration*
For all delay, disruption, and acceleration claims, the claim document must explain the legal basis for entitlement, whether that is under the contract or at law. The claim document must also explain the cause of the delay, disruption, and/or acceleration and the remedies claimed.
