Concurrent Delay 18 Construction Law Journal 436

Author: John Marrin QC  Date: 2011

This article discusses the correct approach to contractors' claims arising out of concurrent delays in the execution of construction projects. It discusses the meaning of the expression "concurrent delay" and the differing approaches to the assessment of claims which have attracted support in the industry. The article focuses on the construction industry in both the United Kingdom and other common law jurisdictions and the various approaches discussed include: apportionment; the American approach; the "dominant cause" approach; the application of the "but for" test; and the approach recently recognised in cases such as Henry Boot Construction (U.K.) Limited v Malmaison Hotel (Manchester) Limited [1999] 70 Con L.R. 32(TCC).

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