A paper given to the Society of Construction Law Hong Kong on 18 March 2003
Issues of concurrent delay are among the most complex of those arising on construction projects, both legally and practically. The author considers the true meaning of "concurrent delay" and the differing approaches to the assessment of claims which have attracted support in the industry, both in the UK and other common law jurisdictions. The various approaches discussed include apportionment, the American approach, the "dominant cause" approach, the application of the "but for" test and the approach recently recognised in cases such as Malmaison.
Introduction - Meaning of "Concurrent Delay" - Examples - Apportionment - The US Approach - The "But For" Test - Dominant Cause Approach - Malmaison Approach - Conclusion.
The author: John Marrin is a Queen's Counsel and member of Keating Chambers, London.