I’ve not long returned from the Windy City where I attended the 8th International Society of Construction Law Conference. I chaired a session titled “Bringing Order To The Delay Melee: Understanding the SCL Delay & Disruption Protocol and AACE RP 29R-03”.
Most of you will be aware of the SCL Protocol, which is now in its second edition, but I would hazard a guess that many of you haven’t come across the catchily titled AACE RP 29R-03 before. It is the Advancement of Cost Engineering’s (AACE) International Recommended Practice No. 29R-03 on Forensic Schedule Analysis.
While AACE RP 29R-03 is very different to the Protocol and focuses on the recommended steps for forensic programme delay analysis, the speakers did an excellent job of summarising how the two documents deal with some of the common issues relating to delay, one of which is concurrency. That got me thinking about the Court of Appeal’s recent judgment in North Midland Building Ltd v Cyden Homes Ltd, and the implications it will have on claims for extension of time. Will it really have the impact that some commentators are suggesting? Continue reading