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ARTICLE · 14 DECEMBER 2017

Responsibility For Concurrent Delay

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Claims revolving around concurrent delay are a frequently encountered problem in construction contracts. As Jeremy Glover explains, the problem of concurrency typically arises when...

United KingdomReal Estate and Construction
Jeremy Glover
Jeremy Glover
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Claims revolving around concurrent delay are a frequently encountered problem in construction contracts. As Jeremy Glover explains, the problem of concurrency typically arises when the Contractor is in delay, but the Employer also appears to be delaying the Contract. The question then arises as to whether the Contractor is entitled to receive an extension of time in any event? There are many different answers depending on what the Contract says and which law applies.

What is concurrent delay?

The definition of concurrency that tends to find most favour is the one put forward by John Marrin QC:

"A period of project overrun which is caused by two or more effective causes of delay which are of approximately equal causative potency."1

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