What to do regarding concurrent delays?

10 months ago

Hallo.

I’m a student, and I have been handed an assignment on concurrent delays. How would it be determined who receives compensation in the end? The main contractor(A), the subcontractor(B) or the employer(C)?

Because if A is to receive a penalty, but then states that B caused that penalty, and therefor the penalty should be deducted from the compensation to B. B however then states that the delay was caused by the owner and the shortage of material as well as having to wait for confirmation from A to install the available material.

Not really from Washington DC…I’m from South Africa

Senior Legal Associate Levelset
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Admittedly, I’m not an expert on calculating delay damages or navigating delay claims – and I’m not sure I’ll be able to help you with your assignment. But, I can help explain some basics on concurrent delays:

When a delay is concurrent with some other delay, that means the delays overlap – at least to some extent. So, if a secondary delay happens to occur at the same time as a delay that happened earlier, that secondary delay won’t always be fully compensable.

For example: If A’s work is delayed due to B’s action, typically, A may be compensated in some way. If C’s work is delayed for some independent reason, then C can normally be compensated for the delay.

That is, unless the delays are “concurrent”.

If C’s delay falls partially or wholly in line with the delay A also suffered, then C’s delay might not be compensable (or fully compensable) since it happens to overlap with A’s delay.

I hope that was helpful – and good luck with your assignment!

Disclaimer: The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the help of a local attorney.
1 found this helpful
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Anonymous

Hallo

Thank you for the quick response, I appreciate the help. This did indeed help me to get some answers on how to approach the subject matter. I don’t think ill be needing more help, I’ll do some more research around the standard forms of contract and how they approach delays.

Have a pleasant day.

Kind regards

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