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ARTICLE · 27 NOVEMBER 2025

Concurrent Delays In Construction Projects: How Canadian Courts Decide Who Pays

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When construction projects fall behind schedule, the reason is rarely simple.

CanadaReal Estate and Construction

When construction projects fall behind schedule, the reason is rarely simple. Often, multiple parties contribute to delays that overlap or occur at the same time, creating what is known as concurrent delay. These situations can have serious cost and liability implications for both contractors and owners.

This communique explores the leading Canadian case and the basic principles governing the allocation of concurrent delay between the parties responsible for that delay, as well as key takeaways to consider should a future construction project experience such an issue.

What is a concurrent delay in construction projects?

Concurrent delay occurs when two or more independent events, attributable to different parties, delay the completion of a project while either occurring at the same time or overlapping. These delays may involve separate activities, but each affects the project's critical path.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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