Concurrent delay meaning

This checklist outlines practical matters to bear in mind when managing an application for alternative service where service must occur outside England and Wales. Checklist Consideration References If you seek alternative service because permitted routes, including the Hague Convention, are likely to be lengthy and drawn out, the application ought to be buttressed by the following: a formal confirmation from the Foreign Process Office describing and confirming the likely time delays for effecting service in the relevant country; detailed evidence, preferably from a locally-qualified lawyer, showing how long service ordinarily takes via standard channels, with reference to specific experience or examples where relevant; if significant delay in that jurisdiction is notorious, exhibit independent corroborative evidence to support that position. Practice Note: Alternative service—making an application—Evidence in support The courts will consider any material indicating that a defendant is attempting to evade or impede service. A claimant should carefully record and preserve such behaviour, as doing so will strengthen the...

Court considers concurrent delays and repudiation in post-termination dispute (Thomas Barnes & Sons plc (in administration) v Blackburn with Darwen Borough Council) Thomas Barnes & Sons plc (in administration) v Blackburn with Darwen Borough Council [2022] EWHC 2598 (TCC) What are the practical implications of this case? This judgment touches on several matters of real concern to construction practitioners: overlapping delay, the JCT suite’s termination machinery, and the law of repudiation. On concurrency, the court essentially affirmed the approach in Walter Lilly v Mackay, holding that where employer and contractor delays run together, the contractor will typically obtain additional time, yet will not recover the financial consequences of prolongation—often summed up as ‘time, but no money’. The court’s commentary on the rival expert delay analyses will likewise assist those preparing or defending applications for extensions of time. Among other points, it indicated in general terms, that expert opinions grounded in a careful examination of contemporaneous records ought not to be rejected merely because the techniques deployed do...

In this issue: Air emissions and climate change Environmental enforcement and prosecutions Environmental permits and consents Environmental taxes, reliefs and incentives ESG and sustainability Hazardous substances and chemicals Nature, biodiversity and habitat protection Waste Waste producer responsibility regimes Water, flooding and drainage LexTalk®Environment: a Lexis®Nexis community Daily and weekly news alerts New and updated content Air emissions and climate change DENSZ publishes UK ETS monitoring guidance The Department for Energy Security and Net Zero (DENSZ) has issued technical guidance to support UK Emissions Trading Scheme (UK ETS) installation operators in meeting the Monitoring and Reporting Regulation 2018 (MRR). The suite comprises five papers covering general requirements, uncertainty evaluation, biomass reporting, data flow processes and control systems, together with sampling and analysis methods. It applies to installations in England, Scotland and Wales, setting out detailed obligations for monitoring and reporting under the UK ETS. Each paper addresses distinct technical aspects of...

CC/Devas (Mauritius) Ltd and other companies v The Republic of India [2025] EWHC 964 (Comm) What are the practical implications of this case? This decision may reshape multi-jurisdictional enforcement strategies. Where states resist arbitral award enforcement, investors may need to turn to alternative avenues, including diplomatic engagement or concurrent enforcement in jurisdictions with broader immunity exceptions. Dual Hurdles: To enforce against a sovereign, claimants must clear both jurisdictional immunity (under s 2 or s 9) and enforcement immunity (s 13) Strategic Risks: States may deploy delay tactics by disputing arbitration agreements, as illustrated by India’s parallel challenges across courts worldwide Recent decisions from Canada, Singapore, the Netherlands, and Australia reveal differing approaches to sovereign immunity in BIT enforcement, making forum selection a pivotal strategic choice. If the Supreme Court overturns the Commercial Court, NYC ratification alone could suffice to displace sovereign immunity—an outcome with significant implications for international arbitration practice and sovereign enforcement exposure in the UK. If the judgment...

Claims by contractors for time and/or money Requests from contractors seeking additional time and/or payment are commonplace on construction projects. A time claim seeks an extension of time (EoT) to complete the works (or achieve a contractual milestone) where a delay event has occurred, whereas a money claim typically pursues reimbursement of extra loss and/or expense incurred by the contractor due to delay or disruption to the works. Such a claim might likewise be brought by a sub-contractor under a sub-contract. These claims are usually founded on an express contractual entitlement—ie the contract specifies situations in which the contractor is entitled to time and/or money—and they are advanced and decided in accordance with the contract terms. They do not, of themselves, involve a breach of contract or require there to be a dispute between the parties, although they may ultimately give rise to one. This Practice Note outlines the key issues to consider in relation to time and money claims. Many of these points are relevant even...

ARCHIVED: This Practice Note has been archived and is not maintained. This year’s annual round-up surveys notable developments from 2017 and looks ahead to 2018. It covers: new standard form construction contracts issued in 2017 case law on design, delay, payment and adjudication anticipated amendments to building regulations and fire safety laws LexisNexis® content updates, with highlights from the past year and what is planned over the next 12 months Reviewing 2017 Standard form construction contracts What happened? The NEC4 contracts were released on 22 June 2017, while FIDIC’s 2017 suite (Red, Yellow and Silver Books) was launched on 5 December 2017 and published shortly afterwards. What are the practical implications? NEC4 supersedes NEC3, first published in 2005 and updated in 2013. The NEC has characterised NEC4 as an evolution rather than a revolution, with most revisions aimed at reflecting good practice and/or reducing reliance on Z clauses. The NEC suite also saw the addition of...

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Call-off The method, within a framework agreement, of directing particular works to be undertaken when needed, as appropriate. According to the arrangement's format and conditions, a call-off might demand that a separate contract is concluded, or it may simply need the instructing party to issue a call off notice. Refer to Practice Note: Framework agreements in construction—call-off procedures. CAR insurance Consult Contractor's all risk (CAR) insurance below. Category A fit out Interior fit out provided to a fundamental standard for landlords/developers, typically. Pinning down the scope is challenging, as it can differ quite widely in practice. Nevertheless, guidance does exist, such as authoritative publications issued by the British Council for Offices. Category B fit out Interior fit out delivered to an exact specified design for occupiers/owners...

Concurrent delay We wish to engage with you on the method to be applied to extensions of time for concurrent delays, a relief that [ insert name of the Contractor appointed on the project ] (the ‘ Contractor ’) has asserted should be available under [ insert name/description of the project ]. By concurrent delay we mean a circumstance where a construction scheme faces critical slippage and two or more separate causes exist, any one of which would, in isolation, have produced the same delay on its own within the project...