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ARTICLE · 12 DECEMBER 2017

Concurrent Delay: From North Sea To Arabian Gulf

Questions surrounding which party is at fault and which party bears the risk commonly occur in construction projects where there are issues of concurrent delay.

United Arab EmiratesLitigation, Mediation & Arbitration

Questions surrounding which party is at fault and which party bears the risk commonly occur in construction projects where there are issues of concurrent delay.

Concurrent delay arises where there are two or more events of equal causative potency, where one event is the fault of the Contractor and the other of the Employer. Last month's TCC decision in North Midland Building Limited v. Cyden Homes Limited [2017] EWHC 2424 further contributed to this ongoing discussion, clarifying the position of English law on concurrent delay.

In this article, we discuss the impact this English law decision could have on the construction market in the UAE and broader region.

The English law position

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