Consider a situation in which a Contractor has made a claim for an extension of time but the Employer has rejected it because he thinks that the delay he caused (and for which he admits liability) does not matter because the Contractor was already in delay anyway. This situation is often called “concurrent delay” and it is common in construction disputes where it is often used as a defence against delay claims – but is it really concurrent delay, and what does the Contractor have to do to prove his claim?

This presentation will look at what constitutes concurrent delay and the circumstances in which it commonly arises. It will also look at the problems often faced by delay analysts in attempting to prove entitlement in situations where concurrent delay may exist, and it will include a review of how concurrency has been handled in recently decided cases.

Seminar Programme:

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