Concurrency World Tour

Navigant authors article in March 2016 issue of Construction Law International


Concurrent delay is a global issue in which a contractor requests a time extension or an owner assesses late completion damages. While published concurrent delay decisions stem from common law courts, courts in non-common law countries are equally called upon to reach decisions on concurrent delay when deciding delay claim cases. This article provides a sweeping review of how concurrent delay is dealt with around the globe.

In summary, Livengood draws three important conclusions: 

  1. Vast segments of the world’s legal systems have little or no law as concerns concurrent delay.
  2. The English-based common law systems already do, or will likely follow, English precedent.
  3. Apportionment of delay responsibility, is widely applied where finders of fact follow U.S. legal precedence.

This article was first published in Construction Law International, Vol 11 No 1, March 2016, and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association.

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