Delay and disruption issues in project and construction management. Analysis of the management process, comparison of clauses from different contract forms and proposal of two standard templates for early warning and claim procedures

The present thesis work has the purpose to study frequent and impacting matters that very often affect the progress of construction projects, such as delay and disruption issues, and finds justification in the act that they can be rightly considered one of the most common and harmful matter that may affect the planned progress of the project. In fact, the high grade of uncertainty favoured by all the complexity factors that characterize a construction project may lead to unforeseen or unforeseeable events or circumstances resulting in a negative impact and variations to the project, in particular for what concerns delays to the completion of the time schedule and cost overruns. Therefore, delay and disruption have been analysed providing from a theoretical point of view, providing the most common definitions, classifications, causes and consequences of these issues. In particular, it has been underlined the fact that a difference between the two concepts exists, even though they often occur together and with a dynamic behaviour that goes to affect both the cost and the planned time schedule of the project. In this regard, delay and disruption issues are often difficult to detect and to manage effectively. In particular, damages linked with the loss of productivity, as a direct impact to certain activities, but particularly as a side effect of other matters as previous delays, variations, external issues, and best known as disruption, are very difficult to deal with and for this reason also often neglected. However, these matters may represents an important item of cost that requires to be considered, in particular in the presence of claims presented by the contractor in case of fault by the client. Then, in addition to the analysis of the common consideration that technical literature and the international construction business have on delay and disruption issues in the circumstances of occurred damages and of presented claims, the discussion on has been developed integrating the matter inside each phase of the process of project management, according with the PMBOK. 1. In the project planning phase, delay and disruption issues are considered for the risk assessment and then included in the time and cost planning. 2. In the project monitoring and executing phase, the productivity performance is controlled and recorded and so eventual impacting events are faced on time thanks to contractual mechanisms, such as early warning procedures. In this regard, modification to the sequence and manner of works, redistribution of resources, extension of time and acceleration constitute the main action that management staff may decide to take in response. 3. In the claims and contract management phase, with the occurrence of delay and disruption issues the contractor presents claims to recover damages that are not due to his fault, based on the contract clauses and the performance records kept that determine also the quantification methods applyable. In this regard, the use of standard forms may help professionals to manage properly and uniformly the occurred claims. Therefore, on the basis of the Core Principles of the SCL Delay and Disruption Protocol, representing probably the most authoritative document on the matter, it has been made a comparison between the inherent provisions of the three main standard forms of construction contracts (JCT Standard Building Contract, the NEC3 ECC and the FIDIC Red Book). Through a qualitative and quantitative comparison it is emerged that the NEC3 forms presents the higher number of point of contact, in the content of its clauses and in its approach, with the Core Principles of the SCL D&D Protocol. The analysis of the content of the Core Principles of the SCL D&D Protocol and of the main standard forms of construction contract, has led to the possibility of development of two standard templates, one for early warning proposals and one for time extension and/or compensation claims.