Society of Construction Law, 2024 Monsoon International Conference, Kochi, India. My topic was productivity loss claims related to disruptions - theory v. practice.
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Society of Construction Law, 2024 Monsoon International Conference, Kochi, India
1. Productivity Loss In
Disruption Claims
Theory & Practice
HASIT B. SETH
Society of Construction Law India, Kerala Chapter
6-7 July 2024, Kochi, India Conference
7 July 2024
(c) Hasit Seth, 2024
2. Introduction
Name: HASIT B. SETH
I am a disputes lawyer in India. My practice focuses on commercial
dispute resolution covering IP, construction, contracts in litigation and
arbitrations
I am licensed to practice law in New York and India
You are welcome to connect at https://www.linkedin.com/in/hbs and
keep in touch
(c) Hasit Seth, 2024
3. Outline
Visualising Disruption
Basis of a Disruption Claim
Productivity Loss
Acceleration
Disruption in SCL Protocol
Resources
(c) Hasit Seth, 2024
7. Basis for Disruption Claims SCL Protocol (2nd Edn.)
Contract permits
Cause of Action
(c) Hasit Seth, 2024
8. (c) Hasit Seth, 2024
If the contract terms
permits.
Other Cause of Action
under Contract law.
9. Purpose SCL Protocol
Establish LOSS of PRODUCTIVITY
How?
Additional loss and expense
Over and above that which would have been incurred
Were it not for the disruption events for which the Employer is
responsible.
(c) Hasit Seth, 2024
10. Delay & Disruption SCL Protocol
Related concepts
Loss of productivity = possible delay
If work done in time despite disruption:
No EOT but disruption could be compensated.
(c) Hasit Seth, 2024
14. Analysis & Valuation of Disruption
(c) Hasit Seth, 2024
Attributed to Quantified
Impacts of Project Change,
Ibbs, Long, Nguyen and Lee,
Journal of Professional Issues
in Engineering Education and
Practice 200 in Derek
Wilsons article cited in the
previous slide..
15. Haider & Barnes, Delay & Disruption in Construction
(c) Hasit Seth, 2024