Understanding Concurrent Delays in Delay Analysis and Extension of Time (EOT) Claims
Introduction
Concurrent delays are often contentious because they complicate the evaluation of delay apportionment. Owners may use the concept of concurrent delays to avoid granting time extensions or paying delay damages to contractors. On the other hand, contractors may argue that concurrent delays should exempt them from paying liquidated damages. The debate over concurrent delays often centers on whether the delays are truly concurrent and whether they affect the critical path of the project.
What Are Concurrent Delays?
According to the Merriam-Webster dictionary, “concurrent” refers to events happening or occurring at the same time. In the context of construction projects, concurrent delays occur when both the owner and the contractor cause delays that overlap. These delays impact the project’s critical path, which is the sequence of activities that determines the minimum completion time of the project. When delays occur on the critical path, they inevitably push back the project’s end date.
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Why Are Concurrent Delays Contentious?
Concurrent delays are often contentious because they complicate the evaluation of delay apportionment. Owners may use the concept of concurrent delays to avoid granting time extensions or paying delay damages to contractors. On the other hand, contractors may argue that concurrent delays should exempt them from paying liquidated damages. The debate over concurrent delays often centers on whether the delays are truly concurrent and whether they affect the critical path of the project.
Types of Concurrent Delays*
There are several categories of concurrent delays, each with its own characteristics and implications:
- Gross Concurrency: This type of concurrency counts delay events purely based on their contemporaneous occurrence, without considering critical path analysis. While two or more delays may occur simultaneously, gross concurrency is not typically adequate to negate compensability.
- Literal Concurrency: Literal concurrency refers to delays that start or happen at the exact same time. For instance, if two delays begin simultaneously on the same day, they are considered literally concurrent.
- Functional Concurrency: Functional concurrency examines delays on separate pathways that both impact the project’s completion date once the float is exhausted. In other words, if delays on different paths ultimately affect the critical path, they are functionally concurrent.
* Please view 12:03 minute of the video for detailed explanation along with example.
Evaluating Concurrent Delays
To evaluate concurrent delays, it is essential to understand the difference between literal and functional concurrency. Literal concurrency focuses on the exact timing of delay events, while functional concurrency considers the impact of delays on the critical path after the float is consumed.
One crucial factor in evaluating concurrent delays is whether the delays are critically concurrent—meaning both delays affect the critical path. For example, if two delays occur at the same time but only one impacts the critical path, only the delay on the critical path is considered critically concurrent.
The Role of Pacing in Concurrent Delays
Pacing is another concept closely related to concurrent delays. Pacing refers to the adjustment of work progress in response to pre-existing delays, often to match the pace of the most critical delay affecting the project. Both contractors and owners might use pacing as a strategy to manage resources more efficiently and avoid unnecessary acceleration costs.
Key Factors Affecting the Identification of Concurrent Delays
Several factors influence the identification and evaluation of concurrent delays:
- Literal vs. Functional Concurrency: Whether concurrency is determined literally or functionally can lead to different conclusions about the delay’s impact and compensability.
- Cause vs. Effect of Delay: The approach to analyzing delays—whether focusing on the cause or the effect—can significantly impact the identification of concurrent delays.
- Analysis Interval Window: The frequency, duration, and placement of analysis intervals can also affect the determination of concurrency. For example, shorter intervals may provide more detailed insights but can complicate the analysis process.
Conclusion
Concurrent delays are a complex and often contentious aspect of delay analysis in construction projects. Understanding the different types of concurrency and the factors that influence their identification is crucial for professionals involved in managing project timelines and resolving disputes.
It is essential to define the variables and philosophies related to concurrent delays at the pre-contract stage to avoid disputes during project execution. By being well-versed in these concepts, delay analysts, contract professionals, attorneys, and project managers can navigate the challenges of concurrent delays more effectively.
As we conclude this discussion on concurrent delays, it’s important to recognize that mastering these concepts is not just an academic exercise but a practical necessity for anyone involved in managing construction projects.
