Concurrent Delay – The Position Is Now "Crystal Clear"

The High Court has confirmed that risk of concurrent delays in a construction contract can be specifically allocated to the contactor.

In an important decision on concurrent delay and the prevention principle, Mr Justice Fraser has seen fit to reinforce the general principle under English law that "contracting parties can allocate risk as they see fit".

The general position in England and Wales is that a contractor is entitled to an extension of time where two causes of delay to a completion deadline concurrently, often from a contractor risk event and an employer risk event. However, the ruling by Mr Justice Fraser in North Midland Building Ltd v Cyden Homes Ltd [2017] EWHC 2414 (TCC) confirms that contracting parties may expressly agree the opposite (or any other variation for that matter).