Civil Engineering Reference
In-Depth Information
Concurrentdelaysarethesubjectofmuchdebateand,itmustbesaid,agreatdealofmisun-
derstanding.Asimpleapproachistosaythatconcurrentdelaysarewhentwoormorethings
happen at the same time and delay the completion date of a particular contract. However,
thatisnotthewholestory.Therearetwokindsofconcurrentdelays.Therearedelayswhich
occur at the same time to two different activities, and there are the delays which occur at the
same time to the same activity. It is the latter which causes the problems.
If delays act on different activities, it is easy to deal with the situation by inputting the
delays one at a time into the contractor's programme and noting the effect. This can be done
using computer software. Only the delays which are grounds for extension of time must be
entered. Contractor's culpable delays are ignored. One court commented:
it is agreed that if there are two concurrent causes of delay, one of which is a Relevant
Event,andtheotherisnot,thenthecontractorisentitled toanextensionoftimeforthe
period of delay caused by the Relevant Event notwithstanding the concurrent effect of
the other event.
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This must be a correct view where the two concurrent delays operate on different activities,
and,asnoted,computeranalysiseasilydealswiththissituationbyignoringalldelayswhich
are not relevant events.
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True concurrency is when the causes of delay operate at the same time on the same activ-
ity.Totakeasimpleexample,acontractormayhavedifficultyinobtaininglabourtolaypav-
ing, but the architect may also be delayed in providing the necessary drawings showing the
layout of the paving. The courts have not adopted an entirely consistent approach. Indeed,
the guidance one might expect from the courts has not been very helpful. Sometimes, what
is known as the 'dominant cause' approach has been advocated. One court has asked 'what
was the effective and predominant cause of the accident that happened, whatever the nature
that anyone looking on would be able to correctly name the predominant cause of the delay.
Yet again, a court has suggested that the architect might simply apportion the responsibility
fordelaybetweentwocauses.Astohowthatistobedone,thecourtconcludedthatthebasis
However, it is, I think, necessary to be clear what one means by events operating con-
currently. It does not mean, in my judgment, a situation in which, work already being
delayed, let it be supposed, because the contractor has had difficulty in obtaining suffi-
