EOTPROTOCOL: initial SCL response to consultation

18 March 2002

The consultation period for the draft Protocol ended on 28th February 2002. Over 6000 copies of the draft Protocol have been circulated to date. More than 5000 people visited the website on www.eotprotocol.com, with downloads occurring at more than 100 per day. The Protocol has been made the subject of several seminars. Interest has been generated not only in the UK, but in places as far afield as Pakistan, South Africa, Hong Kong and Australia.

The number of detailed submissions received during the consultation period amounted to nearly 80. A similar number of comments was made at the website Bulletin Board. A brief summary of the comments received is as follows:

In general a large majority of the consultation contributors were supportive of the Protocol and made comments with the aim of improving the document. However, some UK industry bodies, such as RIBA and CIC, expressed concern that the Protocol might not in fact achieve its objective of reducing disputes over delay. Some suggested a second round of consultation to secure a wider acceptance of the Protocol.

Several contributors thought that the Protocol lacked certainty in its relationship with contracts and case law, and should be published simply as a set of Guidance Notes. The Protocol was also considered by some to be too prescriptive in its requirements concerning the form the programme should take and in its methods of analysing extensions of time. Others thought that the Protocol could be structured to suit different sized projects, it being perceived as being aimed at only the large complex projects.

Many of the contributors who are or represented contractors said that the Protocol's allocation of float to the project was wrong, as in their opinion float was a risk contingency for the contractor's sole use. They also thought that the Protocol should give more credence to global claims, constructive acceleration and use of tender allowances. The Protocol's recommendation to use adjudication to resolve disputes about extensions of time was questioned.

The Society considered the comments received at its last Council meeting and agreed that the Protocol should be finalised and published at the appropriate time. It is now planned to publish a re-draft of the Protocol in early May to take account of the comments received to date., A consultation workshop will then be held, to be attended by SCL representatives, those who had commented on the Protocol and other invited people. The date of this workshop has been fixed for the afternoon of Wednesday 22nd May 2002 at the ICE in London and we are honoured that Judge Humphrey Lloyd QC has agreed to act as Chair of the workshop.

If you are interested in attending this workshop then please complete the application form at the website: www.eotprotocol.com. Places for the workshop will be limited and priority will be given to those who have contributed to the drafting or consultation process.

Following the workshop, it is planned that the Protocol will be finalised and launched at a seminar in July. More details about the launch events will be publicised when the arrangements have been finalised.

18 March 2002