Concurrent Delay in Construction Disputes

Sylvie Cécile Cavaleri

Concurrent Delay in Construction Disputes

CEPRI - Centre for Private Governance

Abstract

Delay is one of the issues most frequently encountered in today’s construction industry; it causes significant economic damage to all parties involved. Construction contracts, standard and bespoke, almost invariably consider delay from a perspective of single liability. If the event causing the delay is contractually defined as a contractor's risk, the contractor is liable to pay liquidated damages to the employer; if it is not, the contractor can under certain circumstances claim an extension of time and in some cases also economic compensation from the employer. The situation where a given period of delay can potentially be attributed to several events falling within both parties' spheres of responsibility, commonly termed concurrent delay, is rarely regulated in construction contracts in spite of its common occurrence. This book analyses both the theoretical foundations and the practical solutions to the issue of concurrent delay in a comparative perspective between common and civil law systems, with an emphasis on Danish and English law.

Original language	English

Place of Publication	Herning
Publisher	Werlauff Publishing
Number of pages	324
ISBN (Print)	978-87-996778-5-6
Publication status	Published - 2015

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Concurrent Delay in Construction Disputes

Abstract

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