February 09, 2015 Articles

Practical Tips on Concurrent Delay

Many disputes are self-inflicted. To avoid disputes, owners could benefit from the suggestions in this article

by Wayne DeFlaminis

The concept of concurrent delay isn’t new, yet it is frequently debated in the construction industry. Analysis of concurrent delays is important not only for establishing the critical path of work but also for properly attributing delay costs to the parties that caused them. In recent years, many articles and speeches both legal and technical have dissected concurrent delay and related topics from many perspectives. Relevant topics have included the following:

• technical challenges of establishing concurrent delay from a critical path method (CPM) scheduling standpoint
•legal implications of cases involving concurrent delay 
• properly apportioning responsibility for concurrent delays
• reconciling concurrent delays and acceleration claims
• demonstrating how various delay analysis methods can produce different results from the same fact pattern

This article provides an overview of concurrent delay from a schedule analysis standpoint, discusses why apportioning concurrent delays can be subjective and risky, and offers some practical tips for pursuing or defending against concurrent delay claims.

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