Please clarify at what point concurrency should be measured/established of the following options to be reasonable and fair with both parties i.e. client and contractor.
- at the end of dominant delay event
- at the Cut of date of the EOT claim
- at the original completion date
- at the extended completion date as per awarded EOT
concurrency would be different at above four points which will also affect compensable duration. which is most appropriate/correct.
await your kind response
Firstly you have to remember that concurrency has no relevance unless money is involved. Secondly it is made out to be extremely complex whereas in fact it is quite simple if the following universal rules are applied. 1. Any relevant delay caused by the Employer will always entitle the Contractor to an EoT. 2. The Contractor will only get costs for the period where the Employer’s Delay exceeds his own. 3. The Employer can only deduct LAD’s for the period where the Contractor’s delay is longer than his own. There are also two types of concurrency: Events concurrent at point of Event Cause Events concurrent at point of Delay Effect The only point when the money effect of concurrent delays can be established is when all the delay effects of concurrent delays have been established and the As Built situation has been demonstrated. The delay effect of individual events however should be demonstrated as and when they occur and reviewed and finalised on completion.