Concurrent delay is not an easy subject, let alone considering how it is applied and considered in different jurisdictions. It has proven to be a challenge for those who have to prove it, or argue against it, and for the courts and worldwide tribunals who have to decide if a claim should succeed.
The 2017 FIDIC Books offer a DIY approach, and it is certainly advisable to cater for it expressly in contracts. But how do other standard forms of contracts and different jurisdictions deal with this tricky issue? The article looks at how concurrent delay is considered in England, the UAE, Germany and Brazil.