Driver Trett Digest Issue 26 - Flipbook - Page 10
This is because many causes can result in lower
productivity which are unrelated to the claimed basis
for disruption, including inadequate tender/tender
sufficiency, poor planning, and reworks due to defects,
as well as internal issues such as learning curves and
staff turnover.
PRACTICAL TIPS
Although all the methods listed in the SCL Protocol are
acceptable, as a rule, the easier the method for proving
disruption, the least likely it will succeed.8 Therefore,
the most reliable analysis is methods which rely on
contemporaneous information drawn from the specific
project in question.
The type of records needed are generally the same as
the records required for delay analysis:
Tender documentation: the process and
assumptions should be consistent with the tender
information, for example, the location of material
deliveries, size and capacity of the plant, any
restrictions on sequencing etc.
Contract notices and other contractual
correspondence.
Project programme: Include start and finish dates
for each sub-contract activity and location to
determine when and where activities were planned.
Dated, time-stamped and catalogued progress
photographs, including locations: To illustrate what
actually happened, where and when.
Substantiation of costs: Company database for costs
incurred, paid and allocated to the project, invoices,
and other payment records.
Comprehensive site diary and other progress
reports documenting information such as factors
affecting work progress, key dates such as
commencement of activities and progress of each
activity, weather, labour, resources and materials
deliveries.
Minutes of meetings.
The contractor should keep note of the following:
- Intermittent working and reasons
- Instructions, variation/compensation events,
design or specification changes.
- Access issues, obstructions, or orders to stop
work in an area. Include a description of the
progress at the time and when this obstruction or
order to stop was removed.
This article introduced disruption to a construction
project. As a recap, this article covered the difference
between disruption and delay, the importance of
complying with contract notification, and how to
succeed in a disruption claim. Lastly, the article
provided some practical tips.
8. Disrupted? Prove It! (Fenwick Elliott, Insight Issue, May
2017)
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