Delay and disruption

Delay or disruption affecting the progress of the works on a construction project is dealt with in different ways, depending on the cause of it and its impact on the contractor’s ability to complete the works in accordance with the contractual programme. It is important to understand that delay and disruption are different concepts: see Practice Note: Delay and disruption in construction projects.

It is in both parties’ best interests to ensure that there is a full mechanism for dealing with delay and disruption in their building contract, and that the mechanism is implemented correctly and followed to the letter.

The contractor's programme

The programme is an important document in any construction project. It assists the contractor to organise the project and plan the execution of the works, but it also helps the employer and contract administrator to monitor the progress of the works and to assess delays to the works, especially by reference to the 'critical path' (see Q&A: What is the critical path?).

Standard form construction contracts approach the programme in different ways, and give it differing levels of importance. See Practice

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Scottish Government launches consultation on housing delivery incentives and penalties

The Scottish Government has launched  a consultation seeking views on measures to accelerate the build-out of homes on sites already identified for housing development, in response to falling housing starts and completions despite a substantial pipeline of consented land. The consultation supports the Housing Emergency Action Plan and related planning commitments, and examines whether incentives, penalties or other interventions could increase delivery rates, including for small and medium-sized housebuilders, within a plan-led, infrastructure-first framework under National Planning Framework 4. It is informed by evidence that slow delivery is driven primarily by post-consent factors such as market absorption rates, viability constraints, infrastructure costs, public sector risk exposure and limited developer capacity or commitment, rather than by the planning permission process itself. Drawing on previous reviews and research by bodies including the Competition and Markets Authority and the Scottish Land Commission, the consultation outlines potential approaches such as land assembly, public sector-led development, reform of compulsory purchase and sales powers, and policy tools to influence build-out rates, and notes that any future action may require legislative change in the next parliamentary session and would be subject to appropriate impact assessment. The consultation closes on 30 April 2026.

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