Director, Tom Francis has written for Construction Manager magazine.
The topic of concurrent delay has been a talking point this year following the case of North Midland Building v Cyden Homes.
The issue is simple enough, in theory. Two events, caused by different parties on a project, happen at the same time and both have an impact on the critical path, causing a delay to completion. It’s then down to lawyers to interpret the relevant contract terms and the law that applies. In the case of North Midland v Cyden, the contractor had argued that time was “at large” and it only needed to complete the project in “reasonable” time. This was due to a combination of an employer delay and the “prevention principle”.
This holds that a party cannot benefit from… read the full article here