A View from across the Pond: An American Perspective on the SCL Delay and Disruption Protocol

Richard H Lowe, Evans M Barba and Gregory B Lare

May 2007

A paper given to the Society of Construction Law in London on 8th May 2006.

This paper looks from an American viewpoint at key aspects of the SCL Delay and Disruption Protocol (2002). Does its approach mirror current American courts' and commentators' views of project record-keeping and best practice on managing issues of float, delay, disruption and the claims to which they lead? ichard H Lowe, Evans M Barba and Gregory B Lare conclude that much in the Protocol mirrors American thinking and case law exactly, though not all its suggested methods of delay analysis would be acceptable in practice in the US.

Introduction - The Protocol's purposes, philosophy and structure - The preparation and maintenance of schedules and records - Float and concurrent delay - Time extensions and compensation for delays - Conclusions.

The authors: ichard H Lowe is a partner at Duane Morris LLP in Philadelphia, PA, Evans M Barba is the chairman and CEO of Barba Consulting Inc in Marlton, NJ, and Gregory B Lare is an associate at Duane Morris LLP in Philadelphia, PA.

Text 25 pages.

PDF file size: 301k