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ARTICLE · 09 SEPTEMBER 2005

Concurrency In Construction Delays.

When building or engineering contracts fall into delay it is often asserted by one party or the other that there are concurrent causes of this delay. It is easy to see why this is so.

United KingdomReal Estate and Construction
Adrian John Williamson KC
Adrian John Williamson KC

Originally Published 11 August 2005

Introduction

  • When building or engineering contracts fall into delay it is often asserted by one party or the other that there are concurrent causes of this delay. It is easy to see why this is so.
  • Suppose that the Employer has been at fault perhaps by providing necessary information late or in a piecemeal fashion. Suppose also, however, that the Contractor has performed poorly, being disorganised or lacking labour resources on site. Clearly, the Employer will be unhappy about having to pay loss and expense in such circumstances or foregoing his right to claim liquidated damages for any delay.
  • However, the Contractor may also be unhappy. He may have been at fault but he may also have perfectly sound grievances in relation to the late provision of the information. Why should he have to pay liquidated damages? Why, also, should his preliminary and other resources be prolonged on site without additional compensation?
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