Construction SuperConference 2017

Sessions Speakers Exhibitors Floor Plan Buzz

E28 The Knowns and Unknowns of Concurrent Delay (Room Chopin 2)

Concurrent Delay is an essential concept in forensic schedule analysis, and an issue encountered in ongoing projects quite frequently. Although different definitions of concurrency are fairly similar, there is a wide disparity in how the definition is applied and how days of concurrent delay are measured. Owners and contractors live with multiple delays from multiple sources both on and off the critical path real-time. They may have little concern for the legal niceties of concurrency, but they are very concerned with managing such multiple delay situations, and more importantly resolving disputes about concurrency in a practical way as they arise on a project. This presentation will address both the contemporaneous identification and resolution of potential concurrent delay situations in managing real projects, and the interaction between such practicalities and the assessment of concurrent delays by forensic delay experts in the claims and disputes process. How do the various technical issues in schedule analysis and the three primary legal theories on concurrency match the real world? This discussion will also reference recent publications by ASCE, AACE, and UK's Society of Construction Law addressing concurrency issues.

Upon completion of this session, participants will be able to:

  • Walk away with a deeper understanding of the concept of concurrent delay, its many complexities and how it is calculated, including differences based on disparate legal theories.
  • Understand how to identify potential concurrency during the construction process, and tips for managing resolution during and after construction.
  • Understand the differences between different legal theories regarding concurrency, and how the different published protocols treat concurrent delay.