Concurrent Delay

Definition

A situation where two or more independent delay events — one attributable to the employer and one to the contractor — occur simultaneously and each independently would have caused delay to the completion date. Concurrent delay is one of the most complex and contested issues in construction arbitration. Different jurisdictions and contract forms adopt different approaches: the 'Malmaison approach' (English law) generally grants the contractor an EOT even where its own delay is concurrent; the SCL Protocol recommends a 'but-for' analysis; while some GCC arbitral tribunals apply an apportionment approach, dividing responsibility between the parties. Forensic delay analysis (critical path method, time-impact analysis, windows analysis) is essential for proving or defending concurrent delay claims.