Time is Money: Effective Strategies to Minimize Concurrent Delay

Learn how to handle differing expert opinions regarding the cause and impact of a concurrent delay.

Delay issues and their potential impacts are in many cases the most controversial and potentially damaging to a construction project. In many cases a contractor feels that it has been impacted by a delay that is caused by the owner such as the failure of the owner to timely supply materials that the owner agreed to provide. In these cases, the contractor will likely contend that it is entitled to additional time and money as a result of the delay. However, often times an owner will respond that the delay claimed by the contractor occurred at the same time that the project suffered another delay for which the contractor is responsible. In other words, the delay is a concurrent delay. In that event the contractor is generally entitled to a time extension but is not entitled to any additional compensation. This topic will provide owners and contractors with a full understanding of whether a claimed concurrent delay is really concurrent with a contractor caused delay. Also, the use of different methodologies and bias in analyzing schedule delays can have a dramatic impact on the determination of whether a delay is concurrent. Gain an understanding of the proper techniques to measure concurrent delay issues. In addition, you will be provided with an understanding of how the use of different methodologies in analyzing concurrent delay can have a dramatic impact on the determination of whether the delay is truly concurrent. This topic will also provide an understanding of how to recognize and defend against bias in concurrent delay analysis.

Faculty

Mark D. Johnson

Snell & Wilmer L.L.P.