Concurrent Delays In Infrastructure Projects & The Indian Contract Act, 1872

"Delay" in infrastructure projects has become the norm, whereas timely completion of the project has become the exception. During the execution of an infrastructure project, the parties may encounter several events which delay the execution and completion of the Project.

Delay in completion of projects brings with itself a host of questions left to be determined by contract administrators, courts and tribunals. At its core, lies the question - who is responsible for the delay? & consequences thereof!

If the delay is occasioned by any act of the Employer ("Employer's Delay Event"), the Contractor will be entitled to an extension of time and / or compensation for such extended period of works whereas if the delay is attributable to the Contractor ("Contractor's Delay Event"), the Employer is entitled to inter alia recover delay damages (which is usually in the form of liquidated damages).