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Suitability of the SOCL's protocol's provision for dealing with concurrency on Australian construction projects

By Peter Ward

Abstract

Concurrent delays are one of the most contentious and dispute causing events on construction projects. In October 2002 the United Kingdom’s Society of Construction Law published a Protocol aimed at addressing the issues associated with delay and disruption on construction projects that contains an approach for dealing with concurrency and compensation for prolongation. The aim of this research project was to assess the suitability for adoption of the proposed method for dealing with concurrency and compensation for prolongation for use on Australian construction projects. Semi structured qualitative interviews were carried out with representatives of the Protocol drafters, Australian construction professionals and legal practitioners to obtain their opinions. Conclusions are that the proposed method for dealing with concurrency is considered to be fair and reasonable and in accordance with the general practices currently undertaken in Australia, and should be suitable for adoption with the minimum of conflict. The proposed method of dealing with compensation for prolongation is considered fair and consistent with the intentions of the protocol, but difficult or impossible to enforce or put into practice in reality, limiting its likely use and adoption by the Australian construction industry

Topics: claims, concurrency, delay, extension of time, protocol
Publisher: Hong Kong Polytechnic University, Department of Building and Real Estate
Year: 2006
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