The SCL Protocol (‘the Protocol') provides guidance for the management and determination of delay and disruption. Although it is advisory only (having no force of law unless by agreement) it is extremely useful for avoiding or managing delay claims.

Delay Analysis

The Protocol advocates the use of time-impact delay analysis both for prospective and retrospective analysis. This method involves introducing delay events into the most contemporaneous programme and updating the programme with the assumed most likely effect of the delay.

In the Draft it is now stated that the use of time-impact delay analysis ‘can sometimes lead to unrealistic results if it subsequently transpires that the EOT [Extension of Time] is significantly more than the delay attributable to the Employer'.

Determinations which awarded potentially inaccurate EOT entitlements would cause disputes, particularly in circumstances where it is arguable that other methods of delay analysis may be more appropriate.