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.