Delay analysis methods (DAMS) in construction contracts in India

Majority of construction projects in India are administered by one or another standard form of contract. Every standard form contracts usually stipulate a period within which the contracted works must be completed by the contractor. However, to prevent those contracts from being frustrated by a number of act(s) that are beyond the control of contractor, they also provide that, in those circumstances, the contractor is relieved of the obligation to perform the works within the stipulated period and the contract provides such delay may be claimed as the Extension of Time (EOT). Meanwhile the principles of how delay and related costs should be calculated are not defined by the standard contract form. This leads to issues; which are usually contentious due to various 'schools of thoughts' and varied interpretations existing across the country. In order to eliminate disputes or facilitate settlement of disputes, the leading standards are: Society of Construction Law’s Delay and Disruption Protocol (SCL Protocol) and AACE 29R-03 (Forensic Schedule Analysis). The paper reviews six Delay Analysis Methods (DAM) suggested and recommended by the SCL Protocol. The paper recommends that Delay Analysis Methods should be incorporated in the construction contracts in India to settle EOT and compensation claims.