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Simply put, when a contractor-caused delay occurred at the same time as an owner-caused delay, we have a concurrent situation. Furthermore, if these delays are critical delays, the project will be extended by the same amount of the delay period, creating a concurrently critical situation.
To complicate the issue a little further, let us assume that one of the two delays is compensable, usually the owner-caused delay, while the other one is non-excusable, usually the contractor-caused delay. The project was delayed anyway-is the owner entitled to collect liquidated damages for the delay period? If yes, how much and based on how many days?
This article will deal with the issue of concurrency in construction projects in general and in the analysis and calculation of the amount of delays in particular. Techniques used in concurrency calculation are presented as well as an introduction to two developed (combined) techniques, which allow for handling multiple concurrent delays using the CPM technique on large networks. A summary of the current trend in law dealing with concurrent delay issues also is presented.
Definitions
Concurrent delays are experienced on a construction project when two or more separate delay events occur during the same time period. Another definition that describes concurrency is when two separate causes of delay events delay the project within a specific time period. Even if one of the two events had not occurred, the project would have been delayed anyway, for the same amount of time, by the other event.
Delay event causes are to be interpreted properly from the contractual agreement and through legal precedents and doctrines. In this article, we will be dealing with the type of delays (from a monetary point of view) that may contribute to the concurrency situation. These are excusable delays, non-excusable delays, and compensable delays.
In the following section, the three types of delays are dealt with from the contractor's point of view.
Excusable delays are delays caused by neither the contractor nor the owner. They are usually caused by factors or events beyond the control of both parties. Examples are unforeseen events, acts of God, force majeure, labor and material shortages beyond the expectation of either party at the time of the contract, etc.
Non-excusable delays are the contractor's...