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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

Builder has No Right to Claim Transfer Charges from the Flat Buyers There is no legal basis on which a builder can levy transfer charges on the apartment owner. However, numerous complaints have been brought to the forefront related to illegal demand of transfer fee by the builder. According to complainants, the builder succeeds to exert influence as banks and home financing companies demand that the buyer procure a ‘No objection to Mortgage’ certificate from the builder, failing which the loan cannot be availed. Also, the builder takes on the responsibility to form the society or condominium and can manipulate undue influence by leaving out a particular owner’s name as a member of the society. Why is transfer fee to a builder illegal? It violates the Transfer of Property Act, 1882; which states that ‘a transfer of property, passes forthwith to the transferee, all the interest which the transferor is then capable of passing in the property and in the legal incidents thereof’. According