Jurisdiction(s):
United Kingdom

Key definition

Concurrent delay definition

What does Concurrent delay mean? Concurrent delay describes a project situation where two or more independent causes overlap in time and each would, on its own, have delayed completion. The term is not defined by statute; it is a descriptive expression used in construction and infrastructure disputes and addressed through case law and contract terms. Its practical significance lies in entitlement to an extension of time, exposure to liquidated damages, and recovery of loss and expense, all assessed by causation and critical path analysis. In England and Wales, case law (including the Malmaison approach and later authorities) generally allows an extension of time where an employer-risk...

Concurrent Delay in Construction: Meaning, Causation, Extensions of Time, Loss and Expense, Contract Clauses and Leading Case Law

Published by a LexisNexis Construction expert

Practice notes

Concurrent delay

This Practice Note examines the definition and significance of concurrent delay on construction projects, the contract provisions that address concurrent delay, and the contractor’s entitlement to an Extension of time and/or Loss and expense where concurrent delay arises. Concurrent delay describes a scenario on a construction project experiencing delay in which two or more independent events occur that, if each were considered in isolation, would have caused critical delay to the project. Commonly, one of the delaying events sits at the Employer’s risk (often termed a ‘relevant event’), while the other is either the contractor’s risk or is neutral (that is, at neither the contractor’s nor the employer’s risk, such as adverse weather). These delays may happen exactly at the same time (although that is uncommon) or may overlap to some extent. Applying the usual ‘but for’ test of causation, neither event can be said to have caused the delay...

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Web page updated on 21/05/2026

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