Concurrent Delay – What Is The Right Test?

Even relatively simple construction projects regularly suffer a whole host of delays to activities. For complex projects, the interface between delays to various sequences of works - and establishing which activity is the cause of critical delay (i.e. actually causes delay to project completion) - is extremely complex. Identifying which issues are critical requires sophisticated expert delay analysis and detailed input from factual witnesses. Invariably, this is an expensive - and time consuming - process.

In English law, it is generally accepted that, where a project suffers from a period of "concurrent delay", the contractor is entitled to an extension of time (such that the employer is not entitled to claim liquidated damages). However, the contractor is not entitled to recover from the employer its prolongation costs. However, as demonstrated by the recent judgment in Thomas Barnes v Blackburn, the meaning of "concurrent delay" may be more open to debate.