International Construction Law Review
CONCURRENT DELAYS
LUIGI DI PAOLA
Studio Legale Bonelli Erede Pappalardo
PAOLO SPANU
Tecnimont SpA
I. INTRODUCTION
During the execution of a construction contract, various events causing the late completion of the works may occur. Such events may fall within the risks and responsibilities that the contract assigns to the contractor, or within the risks and responsibilities that the contract assigns to the employer.
When such events take place at different times, it is possible by means of the “critical path” method to assign the respective share of responsibility (as well as the associated additional costs) to the contractor or the employer.
Sometimes, however, the contractor’s delays take place (partially or entirely), concurrently with the employer’s delays, a situation known as “concurrent delays”. In such a situation, it may be difficult to assess the degree of responsibility for the delay attributable to the contractor or to the employer.
For example, it often happens, when the works are completed after the contract completion date, that the situation described below takes place:
- the contractor states that it suffered employer’s delay (e.g. requests for modifications and additional works) and asks the employer for an extension of the time for completion and for the reimbursement of the additional cost incurred by him as a result of the late completion of the works;
- the employer, whilst admitting that events within his responsibility occurred, states that such events were overshadowed by those within the responsibility of the contractor (e.g. construction mistakes or shortage of manpower). Hence, the employer rejects the con-tractor’s request for an extension of time and additional costs and claims payment of liquidated damages for delay from the subcontractor.
[2006
The International Construction Law Review
374