FIDIC / Legal Reference: SCL Protocol 2nd Edition — Float Ownership
The amount of time by which an activity can be delayed without affecting the project completion date (total float) or the start of the next activity (free float). Float is a programme resource — the key question in construction disputes is who owns it: the contractor, the employer, or the project as a whole.
What it means in practice
The SCL Protocol (2nd Edition) takes the position that float in the programme should be available to the project as a whole — neither party should be entitled to use it to the other’s detriment. In practical terms, if an employer-caused delay occurs but the programme has float that absorbs it, no EOT should be awarded.
Some contractors argue that where the programme has been deliberately constructed with contingency float, that float represents the contractor’s risk allowance and should not be available to absorb employer-caused delays. This argument has had limited success before English courts and DIAC tribunals.
Where disputes arise
Float ownership becomes critical when the contractor’s programme shows float at the end of the project (terminal float). If the contractor plans to finish early and an employer event consumes the early finish but not the contractual completion date, the employer will argue no EOT is due.
UAE Context
In UAE construction projects, programme float is frequently a central issue in infrastructure disputes where contractors have planned for early completion to benefit from bonus provisions or to manage plant mobilisation costs.
Related terms
Float ownership disputes require expert delay analysis and a thorough understanding of SCL Protocol principles. e-Basel provides independent delay analysis for UAE construction arbitrations.
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