Society of Construction Law
SPECIAL CONSULTATION ON MAY 22

Over 150 people attended the consultation workshop held in London on the 22nd May. The Society thanks Baker McKenzie for hosting the event and to HH Humphrey Lloyd QC for chairing the workshop with such skill.

The event the format comprised presentation and discussion around the following ten topics:

1. Identity Problem - Contract Document or not.
2. Structure of New Draft - Protocol (Rules) - Guidance - Appendices.
3. Treatment of Float - Why the Contractor does not own the Float - Contractor's "Cushion", "Terminal Float".
4. Concurrency - General Issue - Concurrency and shifting the critical path.
5. Time Impact Analysis - One size fits all? and Prospective and Retrospective Analysis
6. Approval of the Program and Updates - financial incentives.
7. Record Keeping - guidance on cause and effect - skills of the Contract Administrator.
8. Contract Program as a "quasi-contractual" document.
9. Application of Protocol to smaller sized projects and tender allowance.
10. Compensation Issues - pre agreeing prolongation costs - identification of prolongation costs during concurrent delay - global claims.

The drafting committee met on Thursday 6th June to review the observations made at the workshop and also to review comments sent by those who could not attend.

The Council of the Society of Construction Law will be meeting in the middle of June.