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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
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
Outline
 Visualising Disruption
 Basis of a Disruption Claim
 Productivity Loss
 Acceleration
 Disruption in SCL Protocol
 Resources
(c) Hasit Seth, 2024
Visualizing Disruption
(c) Hasit Seth, 2024
Credit:
Pramod
Oommen
Visualizing Disruption
(c) Hasit Seth, 2024
Credit:
Pramod
Oommen
Zone of Acceleration
(c) Hasit Seth, 2024
Credit:
Pramod
Oommen
Acceleration
Basis for Disruption Claims  SCL Protocol (2nd Edn.)
 Contract permits
 Cause of Action
(c) Hasit Seth, 2024
(c) Hasit Seth, 2024
If the contract terms
permits.
Other Cause of Action
under Contract law.
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
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
Methods of Disuption Analysis
(c) Hasit Seth, 2024
Entitlement In Contract?
(c) Hasit Seth, 2024
FIDIC Yellow Book, 2017
Myriad Reason for Low Labour Productivity
(c) Hasit Seth, 2024
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..
Haider & Barnes, Delay & Disruption in Construction
(c) Hasit Seth, 2024
Thank you.
(c) Hasit Seth, 2024

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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
  • 4. Visualizing Disruption (c) Hasit Seth, 2024 Credit: Pramod Oommen
  • 5. Visualizing Disruption (c) Hasit Seth, 2024 Credit: Pramod Oommen
  • 6. Zone of Acceleration (c) Hasit Seth, 2024 Credit: Pramod Oommen Acceleration
  • 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
  • 11. Methods of Disuption Analysis (c) Hasit Seth, 2024
  • 12. Entitlement In Contract? (c) Hasit Seth, 2024 FIDIC Yellow Book, 2017
  • 13. Myriad Reason for Low Labour Productivity (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
  • 16. Thank you. (c) Hasit Seth, 2024