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Concurrency being two separate and unrelated events occurring at the same time, one which is an Employer’s (Client) Risk Event and the other which is a Contractor’s Risk Event. The society of Construction (SCL) Delay and Disruption Protocol splits concurrency into two sections,1- Concurrency as it relates to extension of time and2- Concurrency as it relates to the compensation for prolongation.1- Regarding concurrency in relation to time, the protocol is clear that where Contractor and Employer delays occur concurrently then any EOT due to the Contractor should not be reduced.2- Regarding concurrency in relation to compensation for prolongation, the protocol is clear that the Contractor should only recover compensation if it can separate any additional costs caused by the employer Delay Event from the cost caused by its own Delay Event.
Hi Tanveer, Not familiar with this one... I am getting introduced to quite a new things through these questions.
Thanks a lot..
The Society of Construction Law in the UK officially launched its Delay and Disruption Protocol on16 October2002. The preface to the Protocol’s web page states:
“The Protocol exists to provide guidance to all parties to the construction process when dealing with time / delay matters. It recognizes that transparency of information and methodology is central to both dispute prevention and dispute resolution.”
To limit future differences the Protocol advises that, where possible, the methodology should be pre-agreed by the employer and the contractor before the start of the analysis. The Protocol prefers a method of analysis known as “Time Impact Analysis”. This is where the impact of particular delays is fed into the contractor’s intended programme which was current at the time immediately before the effects of an excusable delay were realized. This progressive impact delay demonstration technique is one which is favored by British Educational Research Association (BERA) if the circumstances permit.
Many thanks
Simply for Concurrent Delay,
both parties such as employer and contractor are responsible for a delay event related cost and time.
Concurrent delay, from a legal point of view, generated some controversy over the subject related to dispute resolution and arbitration. Common law systems experts regard this subject as a "minefield" where wrong approach or steps can result into a disaster resolving the claims - See Tom Wrzesein work from2005 "Concurrent delay - a map through a minefield". Recent opinions you can find into "Construction delay claims" (2011) by Barry Bramble and Michael Callahan.
Practical approach in arbitration over this issues - concurrent delay - you can find in the decision over the "Water Lily vs MacKay" (2012).
So called TIA - Time Impact Analysis - is a method to calculate the delay of a project and can be relevant during the dispute resolution or arbitration procedure if the initial POW - Programme of Works - had been accurately determined with a correct baseline schedule. What TIA is doing is to overlay the actual project events on top of the baseline schedule to compare and identify the critical points between schedule pre-delay and schedule with delay. Is a good tool to provide Project management team basis for estimate delay impact. TIA is used more as a method to determine future (expected) delays into a projects, rather than retrospective delays. For a retrospective look over a project is better and more accurate other methods such ABBF - As-Built But-For.
There is much to talk about concurrent delay, I hope I could help a bit.
I think that coincided risk disrupt and impede the progress of the project and certainly entail payment Aldzaúaat conditions which must be avoided constantly.
