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Protocol principles Protocol principles

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The Delay & Disruption Protocol consists of 21 core principles relating to time and money payable where there is delay and disruption. Significantly, the assessment and award of time are separated from the cost and compensation. The main principles are:

The programme determines extensions of time (EOTs) and the time for which compensation is due to the contractor. The contractor must prepare a programme showing the manner and sequence in which it plans to carry out the works, and update it to show actual progress and any EOTs granted.

To ensure EOTs are dealt with quickly, even when the full effect of a delay cannot be accurately predicted, an extension is granted and reviewed at intervals as the actual impact unfolds.

Float in the programme is not for the contractor to use as he sees fit. It belongs to the project and is used up on a first come first served basis. Where there is remaining float in the programme at the time of a delay which is the responsibility of the employer, an EOT would only be granted if the delay will push the float below zero.

Any event or delay for which the contractor is responsible does not reduce any EOT already due to the contractor.

The likely effect of variations should be pre-agreed between the employer and the contractor, and a fixed price agreed.

If an employer delay stops the contractor completing the works by its own planned completion date, costs caused by the delay would be paid regardless of whether there is delay to the contracted completion date.

lf caused by the employer, disruption gives the contractor a right to compensation. Disruption is defined as 'disturbance, hindrance or interruption to a contractor's normal working methods, resulting in lower efficiency'.

Compensation for delay is not paid for anything other than actual work done, time spent, or loss/ expense suffered by the contractor.

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