Khaitan & Co and SCL India have jointly released a whitepaper proposing a unified framework for analysing delay and disruption claims in Indian construction disputes.
India’s construction sector is expanding at an unprecedented pace yet delay and disruption claims continue to suffer from inconsistent methodologies and unified standards, leading to unpredictable outcomes. To address this critical gap, Khaitan & Co, in collaboration with the Society of Construction Law (SCL) India, has launched a whitepaper titled “Delay and Disruption under the Global Frameworks: A Framework for Structured Construction Dispute Resolution in India”.
This first-of-its-kind publication proposes a clear, unified and globally benchmarked framework for analysing delay and disruption claims in India. It advocates for adoption of internationally recognised standards, including the SCL Protocol, AACE RP 29R-03 and FIDIC frameworks to Indian contractual conditions, and claim assessment.
Speaking on the launch, Sanjeev Kapoor, Senior Partner, Khaitan & Co stated, “Dispute resolution must keep pace with the scale and complexity of India’s infrastructure ambitions. A structured and transparent methodology for claims assessment strengthens trust, reduces friction, and enhances efficiency across the entire project lifecycle.”
Gaurav Juneja, Partner, Khaitan & Co added, “Indian construction arbitrations are often affected by a lack of uniform methodology for delay and disruption analysis. This whitepaper introduces a coherent, internationally aligned framework that brings much-needed clarity, discipline, and predictability to the sector.”
Ratan K Singh, Senior Advocate and Chairman, The Society of Construction Law — India said, “This collaboration brings to light global best practices in the Indian context. Having a structured delay and disruption analysis framework can dramatically reduce the time, cost, and uncertainty associated with construction disputes.”
As India undertakes infrastructure expansion on an unparalleled scale, the whitepaper aims to serve as a practical blueprint for government agencies, developers, contractors, experts, and arbitral tribunals striving for a more credible, efficient, and harmonised dispute-resolution ecosystem.
Key recommendations of the whitepaper include:
-
Adoption of globally aligned principles for delay attribution, concurrency analysis, and disruption evaluation
-
Strengthening of programme management through contemporaneous records, regular schedule updates, and early-warning mechanisms
-
Integration of SCL and AACE methodologies within FIDIC-style contract administration for consistent EoT and cost assessments
-
Establishment of institutional guidelines to promote methodological consistency among tribunals and experts
-
Increased use of technology-driven evidence—BIM, P6 data, 4D modelling, photogrammetry—to enhance objectivity in arbitral decision-making
***
About Khaitan & Co
Khaitan & Co is a top tier and full-service law firm with over 1300 legal professionals, including 300+ leaders and presence in India and Singapore. With more than a century of experience in practicing law, we offer end-to-end legal solutions in diverse practice areas to our clients across the world. We have a team of highly motivated and dynamic professionals delivering outstanding client service and expert legal advice across a wide gamut of sectors and industries.
To know more, visit: https://www.khaitanco.com
For further information, please contact:
Avantika Ghildyal
Director – Corporate Communications, Khaitan & Co
Email – avantika.ghildyal@khaitanco.com
Mobile – +91 9920805306
Ankita Sharma
Assistant Manager – Corporate Communications, Khaitan & Co
Email — ankita.sharma@khaitanco.com
Mobile – +91 9717435966
About The Society of Construction Law (SCL) — India
Founded in 2016, SCL India was created to educate the stakeholders in the construction industry about construction law and to promote India-wide adherence to international standards and practices. Through its programs, scholarly publications and membership activities, led by many of the top global experts and supported by many of the most actively engaged organizations, corporations, law firms and individual practitioners, SCL India is an important forum on contemporary issues in the field of construction law.