- Title
- Suitability for adoption of the United Kingdom's Society of Construction Laws' protocol by the Australian constuction industry as a means of minimising the effects of delay on Australian construction contracts
- Creator
- Ward, P.
- Relation
- COBRA 2004: the International Construction Research Conference of the Royal Institution of Chartered Surveyors. Proceedings of the COBRA 2004 Conference (Leeds, UK 7-8 September, 2004)
- Relation
- http://www.rics.org/RICSWEB/getpage.aspx?p=9XI34uxmaEWcmJAJIwl7EA
- Publisher
- Royal Institution of Chartered Surveyors (RICS)
- Resource Type
- conference paper
- Date
- 2004
- Description
- Delay and disruption on United Kingdom (UK) construction projects is estimated to cost the industry approximately eight billion pounds per annum (Pickavance. K., 2003) and leads to the delayed handover of construction projects, increases in project costs, poor commercial and legal relationships, client dissatisfaction, and damage to the image and reputation of the UK’s construction industry. In October 2002, the United Kingdoms (UK’s) Society of Construction Law (SOCL) published a delay and disruption protocol aimed at addressing the issues associated with delay and disruption on UK construction projects in the context of the UK’s legal system and standard forms of construction contracts. This paper reviews and compares the clauses of three of the most significant and commonly used (Stephenson, 2004) nationally applicable standard forms of construction contracts (AS2124-1992, AS4000-1997, and PC-1 1998) in Australia, with the requirements of the protocol as a preliminary assessment of the suitability for adoption of the UK’s SOCL’s delay and disruption protocol for use by the Australian construction industry as a means of minimising the effects of delay on Australian construction projects, and as a means of identifying issues associated with the implementation and administration of the protocols requirements that may be applicable to the Australian construction industry. Conclusions are that the suitability of the protocol for adoption for use with nationally applicable Australian standard forms of construction contracts is dependent upon the contract chosen, and the protocols contractual status. As a guidance document used to assist in the management of delay events the protocol is wholly suitable for adoption by the Australian construction industry. Should the protocol be given contractual status, implementing some of the protocols recommendations would be in direct conflict with a number of the major clauses of the Australian standard forms of construction contracts considered, requiring the re-drafting of the relevant contractual clauses, and/or the protocol, to comply with the parties’ contractual intentions.
- Subject
- delay; disruption; extension of time; protocol; claim
- Identifier
- http://hdl.handle.net/1959.13/35626
- Identifier
- uon:4072
- Identifier
- ISBN:1842191933
- Language
- eng
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