70

DEFINITIONS FROM
SOCIETY OF
CONSTRUCTION LAWYERS
PROTOCOL GLOSSARY

SMAILOV ALTYNBEK 2024

1
ACCELERATION

The application of additional resources or

alternative construction sequences or
methodologies seeking to achieve the
planned scope of work in a shorter time
than planned or execution of additional
scope of work within the original planned
duration.
2
ACCEPTED
PROGRAMME
The Protocol recommends that
Contractor be required to submit a draft
the

programme for the whole of the works to the

CA and that this draft programme
beccepted by the CA. Once accepted by the
CA, it is known in the Protocol as the
Accepted Programme.
3
ACTIVITY

An operation or process consuming time

and possibly other resources. An individual
or work team can manage an activity. It is a
measurable element of the total project
programme.
4
ACTIVITY FLOAT

The duration contingency directly related to

a single activity built into the planned
duration of that activity. Activity float is
established simply by dictating an activity
duration that is greater than the actual time
needed to complete that activity.
5
ACTIVITY-ON THE-
NODE NETWORK
A network in which the nodes symbolise the
activities. A precedence diagram.
6
AS-BUILT
PROGRAMME
The record of the history of the construction
project in the form of a programme. The as-
built programme does not necessarily have
any logic links. It can be merely a barchart
record of the start and end dates of every
activity that actually took place. ‘As
constructed programme’ has the same
meaning.
7
CHANGE
/VARIATION
Any difference between the circumstances
and/or content of the contract works as
carried out, compared with
circumstances and/or content under which
the works are described in the contract
the

documents as required to be or intended to

have been carried out. A change or variation
may or may not carry with it a right to an
EOT and/or additional payment.
8
COMPENSABLE
EVENT
Expression sometimes used to describe
what in the Protocol is an Employer Risk
Event in respect of which the Contractor is
entitled to compensation.
9
COMPENSATION

The recovery or payment of money for work

done or time taken up whether by way of
valuation, loss and/or expense or damages.
10
CONTRACT
COMPLETION DATE
The date by which the Contractor is
contractually obliged to complete the works,
taking account of the award of any EOTs. As
well as being an overall date for completion,
the contract completion date may be the
date for completion of a section of the works
or a milestone date. The expression
‘completion date’ is sometime used by
Contractors to describe the date when they
plan to complete the works (which may be
earlier than the contract completion date).
The Protocol avoids this confusion by using
the expression ‘contract completion date’.
11
CONCURRENT
DELAY
True concurrent delay is the occurrence of
two or more delay events at the same time,
one an Employer Risk Event, the other a
Contractor Risk Event, and the effects of
which are felt at the same time. For
concurrent delay to exist, each of the
Employer Risk Event and the Contractor Risk
Event must be an effective cause of Delay to
Completion (i.e. the delays must both affect
the critical path). Where Contractor Delay to
Completion occurs or has an effect
concurrently with Employer Delay to
Completion, the Contractor’s concurrent
delay should not reduce any EOT due.
12
CONSTRUCTIVE
ACCELERATION
Acceleration following failure by the CA to
recognise that the Contractor has
encountered Employer Delay for which it is
entitled to an EOT and which failure required
the Contractor to accelerate its progress in
order to complete the works by the
prevailing contract completion date. This
situation may be brought about by the
Employer’s denial of a valid request fo an
EOT or by the CA’s late granting of an
EOT.This is rarely recognised under English
law.
13
CONTRACT
ADMINISTRATOR (CA)
The person responsible for administration of
the contract, including certifying what
extensions of time are due, or what
additional costs or loss and expense is to be
compensated. Depending on the form of
contract the person may be referred to by
such terms as Employer’s Agent, Employer’s
Representative, Contract Administrator,
Project Manager or Supervising Officer or be
specified as a particular professional,
suchas the Architect or the Engineer. The
contract administrator may be one of
theEmployer’s employees or the Employer
itself.
14
CONTRACTOR

The party responsible for carrying out the

works is generally referred to as the
‘Contractor’. The Protocol is applicable to
sub-contracts as well as main contracts, so
when it is being applied to a sub-contract, it
is the sub-contractor that is being referredto
as the ‘Contractor’ in the Protocol.
15
CONTRACTOR
DELAY
Expression commonly used to describe any
delay caused by a Contractor Risk Event.
The Protocol distinguishes between:
Contractor Delay to Progress which is a
delay which will merely cause delay to the
Contractor’s progress without causing a
contract completion date not to be met;
and Contractor Delay to Completion which
is a delay which will cause a contract
completion date not to be met.
16
CONTRACTOR RISK
EVENT
An event or cause of delay or disruption
which under the contract is at the risk and
responsibility of the Contractor.
17
CONTRACTOR’S
PLANNED
COMPLETION DATE
The date shown on the Contractor’s
programme as being the date when the
Contractor plans to complete the works
under the contract.
18
CRITICAL PATH

The longest sequence of activities through a

project network from start to finish, the sum
of whose durations determines the overall
project duration. There may be more than
one critical path depending on workflow
logic. A delay to progress of any activity on
the critical path will, without acceleration or
re-sequencing, cause the overall project
duration to be extended, and is therefore
referred to as a ‘critical delay’.
19
CRITICAL PATH
ANALYSIS (CPA)
The process of analysing the critical and
near critical activities in a CPM programme
to manage progress, balance resource
allocations and ascertain delays or
acceleration to the date for completion or
the completion date of the works, a section
or a milestone.
20
CRITICAL PATH
METHOD (CPM)
The methodology or management
technique that, through the use of
calculation rules (usually automatically
carried out by programming software),
determines the critical path and calculates
float.
21
CULPABLE DELAY

Expression sometimes used to describe

what the Protocol calls Contractor Delay.
22
DATE FOR
COMPLETION
The date by which the contractor is
expected to complete the works, which may
be earlier or later than the contract
completion date.
23
DELAY EVENT

An event or cause of delay, which may be

either an Employer Risk Event or a
Contractor Risk Event.
24
DELAY TO
COMPLETION
In common usage, this expression may
mean either delay to the date when the
contractor planned to complete its works, or
a delay to the contract completion date. The
Protocol uses the expressions Employer
Delay to Completion and Contractor Delay
to Completion, both of which mean delay to
a contract completion date - see their
definitions.
25
DELAY TO
PROGRESS
In the Protocol, this means a delay which will
merely cause delay to the Contractor’s
progress without causing a contract
completion date not to be met. It is either an
Employer Delay to Progress or a Contractor
Delay to Progress.
26
DISRUPTION
Disruption (as distinct from delay) is a
disturbance, hindrance or interruption to a
Contractor’s normal working methods,
resulting in lower efficiency. Disruption
claims relate to loss of productivity in the
execution of particular work activities.
Because of the disruption, these work
activities are not able to be carried out as
efficiently as reasonably planned (or as
possible). The loss and expense resulting
from that loss of productivity may be
compensable where it was caused by
disruption events for which the other party is
contractually responsible.
27
DISRUPTION EVENT
An event or cause of disruption.
28
DISRUPTION
EVEDURATIONNT
Duration is the length of time needed to
complete an activity. The time period can be
determined inductively, by determining the
start and finish date of an activity or
deductively by calculation from the time
necessary to expend the resources applied
to the activity.
29
EMPLOYER

The Employer is the party under the contract

who agrees to pay for the works. In some of
the standard forms, the party who agrees to
pay for the works is referred to as the
Developer, the Owner, the Client or the
Authority. The Protocol is applicable to
subcontracts as well as main contracts, so
when it is being applied to a sub-contract, it
is the main contractor that is being referred
to as the Employer in the Protocol.
30
EMPLOYER DELAY

Expression commonly used to describe any

delay caused by an Employer Risk Event. The
Protocol distinguishes between: Employer
Delay to Progress which is a delay which will
merely cause delay to the Contractor’s
progress without causing a contract
completion date not to be met; and
Employer Delay to Completion which is a
delay which will cause a contract
completion date not to be met.
31
EMPLOYER RISK
EVENT
An event or cause of delay or disruption
which under the contract is at the risk and
responsibility of the Employer
32
EXCUSABLE DELAY

Expression sometimes used to describe

what in the Protocol is an Employer Delay in
respect of which the Contractor is entitled to
an EOT.
33
EXTENSION OF
TIME (EOT)
Additional time granted to the Contractor to
provide an extended contractual time
period or date by which work is to be, or
should be completed and to relieve it from
liability for damages for delay (usually
liquidated damages).
34
FLOAT

The time available for an activity in addition

to its planned duration. See free float and
total float. Where the word ‘float’ appears in
the Protocol, it means positive not negative
float, unless expressly stated otherwise.
35
FREE FLOAT

The amount of time that an activity can be

delayed beyond its early start/early finish
dates without delaying the early start or
early finish of any immediately following
activity.
36
GANTT CHART

Bar chart – named after the originator,

Henry Gantt.
37
GLOBAL CLAIM

A global claim is one in which the

Contractor seeks compensation for a group
of Employer Risk Events but does not or
cannot demonstrate a direct link between
the loss incurred and the individual
Employer Risk Events.
38
HAMMOCK

An activity representing the period from the

start of an activity to the completion of
another. Sometimes used as a way of
summarising the duration of a number of
activities in a programme as one single
duration. See also ‘level of effort’.
39
HANGING
ACTIVITY
An activity not linked to any preceding or
successor activities. It is the same as
dangling activity.
40
HEAD OFFICE
OVERHEADS
Head office overheads are the incidental
costs of running the Contractor’s business
as a whole and include indirect costs which
cannot be directly allocated to production,
as opposed to direct costs which are the
costs of production. Amongst other things,
these overheads may include such things as
rent, rates, directors’ salaries, pension fund
contributions and auditors’ fees. In
accountancy terms, head office overheads
are generally referred to as administrative
expenses, whereas the direct costs of
production are referred to as costs of sales.
41
IMPACT

The effect that a change has on an activity

or the effect that a change to one activity
has on another activity.
42
KEY DATE

Expression sometimes used to describe a

date by which an
accomplishment must be started or
identifiable

finished. Examples include ‘power on’,

‘weather-tight’ or the start or completion of
phases of construction or of phases or
sections of the contract, or completion of
the works.
43
LAG

Lag in a network diagram is the minimum

necessary lapse of time between the finish
of one activity and the finish of another
overlapping activity. It may also be
described as the amount of time required
between the start or finish of a predecessor
task and the start or finish of a successor
task. (See logic links)
44
LEAD

The opposite of lag, but in practice having

the same meaning. A preceding activity
may have a lag to a successor activity –
from the perspective of the successor
activity, that is a lead.
45
LEVEL OF EFFORT

A special activity type in programming

software with unique qualities for duration.
The software calculates the duration of a
level of effort activity based on dates from
its predecessor(s) and successor(s) rather
than having a duration assigned to the
particular activity. They are supposed to be
used for support work, such as meetings,
which occur during the timeframe of the
predecessors and successors. In practice,
they are sometimes also used in the older
context of ‘hammocks’ but are not in fact a
hammock.
46
LIQUIDATED
DAMAGES/LADS/LDS
A fixed sum, usually per week or per day,
written into the contract as being payable
by the Contractor in the event that the works
are not completed by the contract
completion date (original or extended).
47
METHOD
STATEMENT
A written description of the Contractor’s
proposed manner of safely carrying out the
works or parts thereof, setting out
assumptions underlying the chosen method
and the reasoning behind the approach to
the various phases of construction. It should
include details of key resources, including
labour and plant.
48
MILESTONE

A key event selected for its importance in

the project. Commonly used in relation to
progress, a milestone is often used to signify
a key date.
49
MITIGATION

Mitigate means making less severe or less

serious. In connection with Delay to Progress
or Delay to Completion, it means minimising
the impact of the Risk Event. In relation to
disruption or inefficient working, it means
minimising the disruption or inefficiency.
Failure to mitigate is commonly pleaded as
a defence or partial defence to a claim for
delay or disruption. Acceleration is a subset
of mitigation.
50
MUST START /
MUST FINISH
Most project management software allows
the planner to specify that an activity must
start or must finish on a specific date. Using
the software in this way restricts the ability
of the programme to react dynamically to
change on the project.
51
NEGATIVE TOTAL
FLOAT
Expression sometimes used to describe the
time by which the duration of an activity or
path has to be reduced in order to permit
limiting imposed date to be achieved.
Negative float only occurs when an
activityon the critical path is behind prog
52
NON-
COMPENSABLE
EVENT
Expression sometimes used to describe
what the Protocol calls a Contractor Risk
Event.
53
NON-EXCUSABLE
DELAY

Expression sometimes used to describe

what the Protocol calls Contractor Delay.
54
PATH
An activity or an unbroken sequence of
activities in a project network.
55
PERT

Programme Evaluation and

Technique: a programming technique,
Review

similar to critical path analysis, but whereby

the probability of completing by the
contract completion date is determined and
monitored by way of a quantified risk
assessment based on optimistic, pessimistic
and most likely activity durations.
56
PRACTICAL
COMPLETION
The completion of all the construction work
that has to be done, subject only to very
minor items of work left incomplete. It is
generally the date when the obligation to
insure passes from the Contractor to the
Employer and the date from which the
defects liability period runs. This is the term
used under the Joint Contracts Tribunal
(JCT) family of contracts. In the International
Federation of Consulting Engineers (FIDIC)
forms it is referred to as Substantial
Completion.
57
PRECEDENCE
DIAGRAM
A multiple dependency, activity-on-node
network in which a sequence arrow
represents one of four forms of precedence
relationship, depending on the positioning of
the head and the tail of the sequence arrow.
(See logic links)
58
PROGRAMME
A tool that divides the works into a series of
activities, each with a duration and logic
links to preceding and succeeding activities,
forming a network of activities. The
programme may be depicted in a number
of different forms, including a Gantt or bar
chart, line-of-balance diagram, pure logic
diagram, time-scaled logic diagram or as a
time-chainage diagram, depending on the
nature of the works. Otherwise known as the
schedule. This term should not be confused
with ‘program’, being the software used to
generate the programme.
59
PROGRAMME
NARRATIVE
A written explanation of the assumptions
underlying the Accepted Programme (or the
Updated Programme), its key resources,
sequencing restraints, critical path, risks,
exclusions/exceptions, and execution
strategy.
60
PROLONGATION

The extended duration of the works during

which time-related costs are incurred as a
result of a delay.
61
RESOURCE

Expression used to describe any variable

capable of definition that is required for the
completion of an activity and may constrain
the project. This may be a person, item of
equipment, service or material that is used
in accomplishing a project task.
62
RESOURCE
LEVELLING
Expression used to describe the process of
amending a schedule to reduce the
variation between maximum and minimum
values of resource requirements. The
process removes peaks, troughs and
conflicts in resource demands by moving
activities within their early and late dates
and taking up float. Most project planning
software offers an automated resource-
levelling routine that will defer the
performance of a task within the imposed
logical constraints until the resources
assigned to the tasks are available.
63
REVISED
PROGRAMME
Expression used to describe the process of
amending a schedule to reduce the
variation between maximum and minimum
values of resource requirements. The
process removes peaks, troughs and
conflicts in resource demands by moving
activities within their early and late dates
and taking up float. Most project planning
software offers an automated resource-
levelling routine that will defer the
performance of a task within the imposed
logical constraints until the resources
assigned to the tasks are available.
64
ROLLING WAVE
PROGRAMMING
This is a method of planning where details of
the programme are elaborated as the
project proceeds. This method assumes that
the detailed plan for specific activities in the
future will be developed closer to the time
when those activities are to be executed.
65
SCHEDULE
Another name for the programme.
66
SLACK
Another name for total float.
67
SUB-NETWORK
A group of activities or durations, logically
linked. In the Protocol it is to be used to
illustrate the work flowing directly from an
Employer Risk Event.
68
TIME RISK
ALLOWANCE
The additional time included by the Contractor
within the allocated duration for an activity in a
programme to allow for risks which are its
responsibility under the contract. This is a
contingency measure. The allowance can be
zero.
69
TOTAL FLOAT

The amount of time that an activity may be

delayed beyond its early start/early finish dates
without delaying the contract completion date.
70
UPDATED
PROGRAMME
In the Protocol the Updated Programme is the
Accepted Programme updated with all
progress achieved and any revised logic or
constraints. The final Updated Programme
should depict the as-built programme.
THANK YOU