Delay in Construction of Projects by Builders
Jurisprudence on Construction Laws and Delays There is no single generally accepted definition of concurrent delay. A narrow definition is ‘true concurrency’, where the employer and contractor delay events occur at the same time and cause a delay to progress for the same period sharing the same start and finish dates, either of which, in the absence of the other, is likely to cause the same delay to the completion of the project. There are two main approaches followed by arbitrators and courts across different jurisdictions in the world. A. The Malmaison Approach This approach is best explained by the UK’s Technology and Construction Court (TCC), in the case of Henry Boot Construction Ltd v Malmaison Hotel. Essentially, if there are two concurrent causes of delay, one of which is an event that is relevant and beyond the control of the contractor, and the other of which is not beyond the control of the contractor, then in such a case, the contractor is entitled to an extension of time c...
