Concurrency, construction delay claims and forensic construction delay analysis

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.

Related information

Further information on our programming services can be found pressing the following link:

ACUA programme analysis services

A very useful document to explain the issues of concurrency is included in the Society of Construction Law Protocol

Further information on our commercial risk management services

ACUA commercial risk management services