Concurrent Delay In Force Majeure Cases: A Delay Expert’s Perspective
Concurrent Delay in Force Majeure Cases: Understanding EOT, Costs, and Contractor Risk
This article explores the complex issue of concurrent delay in construction projects, particularly where Force Majeure events overlap with Employer or Contractor Risk events. It examines how industry guidance, standard contracts, and UK case law interpret concurrent delay, including the well-known Malmaison Approach. The piece also highlights the challenges contractors face in claiming Extension of Time (EOT), recovering prolongation costs, and avoiding liquidated damages during concurrent delay scenarios. Additionally, it provides practical recommendations on record-keeping, notices, and programme updates to strengthen future claims.
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What is concurrent delay in construction projects?
Concurrent delay occurs when two or more delay events impact the project at the same time, and each event independently affects the project completion date. These delays may involve Employer Risk Events, Contractor Risk Events, or Force Majeure events.