Delays Affecting The Construction Schedule

1678 Words7 Pages
1 Concurrent Delays Concurrent delays can be used in both the offensive as well as defensive ways. Contractor uses concurrency as a shield to defend himself against fiscal damages by the employer. On the other hand employer uses it to ward off the contractor 's pursuits for delay costs. Therefore, this topic has been going through a lot of research. United States Court of Federal Claims described the notion of concurrent delay in R.P. Wallace, Inc. v. U.S. 63 Fed. Cl. 402 (2004). ). There are many players in construction affecting the construction schedule; but, following are the three major examples of the concurrent delays: 1. Owner and Contractor caused delays 2. Owner and Naturally caused delays 3. Contractor and Naturally caused delays There are various possible situations arising in case of delays in construction: 1. In case of a Concurrent delay, caused by both the owner and general contractor; the contractor may get a time extension, but no additional compensation. 2. In case of an Inexcusable delay, the contractor isn’t entitled to receive an extension or any additional compensation; and, rather, the owner may be entitled for the compensation of liquidated damages or actual damages. 3. In case of Compensable delay, contractor is entitled to both a time extension and an additional compensation. 4. In case of Excusable delay, the contractor gets a time extension but no additional compensation. The above conditions depend on the contractual terms, general practices
Open Document