Concurrent Delays

1. Introduction
2. Delays
1. What is Delay?
2. Excusable Delays
3. Non-Excusable Delays
4. Compensable Delays
5. Non-Compensable Delays
6. Concurrent Delays
7. Loss of Efficiency /Disruption
3. Recovering for Delays – Contractual Obstacles
1. "No Damage for Delay"
2. Contractual Prerequisites
4. Types of Recoverable Damages
1. Direct Costs
1. Mobilization/Demobilization
2. Extended Office
1. Overhead Eichleay Formula
2. Field Office Overhead
3. Increased Labor and Materials Cost
4. Idle Time/Equipment
2. Consequential and Liquidated Damages - Loss of Profits
1. Consequential Damages
2. Liquidated Damages
5. Proof of Delays
1. Methods
1. Actual Costs
2. Total Cost Method
3. Modified Total Cost Approach
4. Measured Mile
2. Critical Path Method - Schedule Analysis
3. Segregation & Apportionment of Delays
1. The Need to Apportion Concurrent Delays
2. Responsibility for Apportionment
3. Methods of Apportioning Concurrent Delays
4. Difficulties in Apportionment
5. Defensive Use of Apportionment Requirement

The subject of Delay Damages is a complex area of construction law upon which many a judge, legal advocate, and treatise writer has written. Concurrent Delay is perhaps the most complex and unsettled facet of the law pertaining to construction delay damages. Since Concurrent Delays are a one of five components of delay analysis, this paper has embraced a wider scope of the study of delay damages than its title connotes. Put succinctly, there is more in this article than the isolated study of Concurrent Damages, but only for the purpose of familiarizing the reader with the context in which Concurrent Delays occur and are proven. Although annotated with cases cited in treatises, articles and other cases, this paper is limited in scope due to time and space limitations. The Construction Law Library series by Aspen contains numerous volumes addressing Delay Damages and the handling of Concurrent Delays. Several of the eminent writers of those construction bibles are cited through out this paper and should be utilized by the practitioner faced with finding a successful path through a pile of delays and damages attendant in the construction project that has become a virtual disaster.

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