The following Construction guidance note provides comprehensive and up to date legal information covering:
This Practice Note examines the situation whereby two or more competing causes of delay (independent of each other) arise on a construction project, and what effect this has in terms of the parties' abilities to seek remedies for the consequences of such delay. Concurrent delay can be used in circumstances where a project is in delay in order for the employer to recover liquidated damages, or for the contractor to assert an entitlement to extension of time and/or losses or damages arising from the delay. See also Extensions of time under construction contracts.
Concurrent delay describes the situation on a project which is suffering delay in which two or more independent events have occurred which, if either had occurred on their own, would have caused delay to the project.
Typically, one of the events causing delay will be at the employer's risk, whilst the other will either be at the contractor's risk or will be a neutral event (ie it is at neither the contractor not the employer’s risk, such as adverse weather). Such delays may occur at exactly the same time (although this is rare) or they may overlap to some degree.
Although the concept appears to be straightforward, the English courts have had trouble in providing an accurate formulation to apply to such claims arising out of construction projects. This appears to be primarily due to the fact that, where delays were caused by both parties, it seems unfair that a party should be able to successfully claim compensation for the consequences of the delay when, had the other party not been at fault, the delay
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234