In Barton Legal's May 2023 webinar, speaker Xavier Leynaud
explored the "gibberish" of concurrent
delays.
Concurrent delays are defined in various ways under common law.
The Society of Construction Law UK in their Delay and Disruption
Protocol principle 10, define a true concurrent delay as
"the occurrence of two or more delay events at the same
time, one an Employer Risk Event, the other a Contractor Risk
Event, and the effects of which are felt at the same
time.". For concurrent delay to exist, both the Employer
Risk Event and the Contractor Risk Event must be an effective cause
of Delay to Completion, meaning the delays must both affect the
critical path of the project.
Principle 10 also states "Where Contractor Delay to
Completion occurs or has an effect concurrently with Employer Delay
to Completion, the Contractor's concurrent delay should not
reduce any EOT due.".
