Mark Etherington, ACUA was pleased to be invited to speak alongside Dermot McEvoy, Partner of Eversheds Sutherland at a Whitepaper conference in Dublin in December 2018, on the subject of concurrency in construction projects.

Concurrency is a subject which is often central to a dispute when considering delays to the progress of the works and identifying “critical” delays to the completion of the works. 

Bespoke conditions will often now provide that the contractor is not entitled to an extension of time, where there is a concurrent delay (i.e. a contractor culpable delay). This position is at odds with what is referred to as the “prevention principle”, but the courts have supported the proposition that the parties are free to allocate the risk in the commercial contract. 

It is therefore important for you to understand the terms of the contract before you sign it.