Abstract

Concurrent delay, when delays caused by both the employer and contractor overlap on the critical path, is still one of the most debated topics in construction law.

Although standard contracts like FIDIC and NEC are commonly used worldwide, different countries handle concurrent delay very differently. This means that delay experts often face challenges, particularly when their technical analysis touches upon legal issues relating to concurrent delays.

Systech believes that a delay expert's responsibilities go beyond just tallying up lost days; they must also link delay events to specific contractual obligations and rights. As a result, for these experts, it's crucial to integrate their technical findings (such as critical path analysis, causation, and float usage) with the legal rules and contract terms relevant in each country.

This paper compares how six jurisdictions (Saudi Arabia, UAE, UK, South Africa, Kenya, and Japan) address concurrent delay, discusses what this means for delay experts, and offers practical tips for structuring delay analyses within this context.  

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