TCC Issues New Decision Addressing The Definition Of Concurrent Delay

Concurrent delay occurs whenever two or more separate events - at least one of which is an employer risk event and at least one a contractor risk event - independently delay the critical path of a project.

The substantial majority of standard form construction and engineering contracts are silent as to either the definition of or apportionment of responsibility for concurrent delays, and it is generally rare for parties to seek to include language to that effect by way of bespoke amendment. This reluctance to legislate for concurrent delay in contracts probably reflects the inherent difficulty in formulating language that would adequately address what is always a complex and necessarily heavily fact-dependent issue.