Concurrent Delays

Posted on April 26, 2010 by

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“Your llama barn is almost finished—the last thing I have to do is paint and I’ll start that tomorrow” says Peter as he walks towards the barn. “Great! So you had no trouble getting the lavender-colored Llamalike brand llama-friendly paint?” asks Larry. Peter groans. “I forgot about the special paint… I’ll order it today but it will take a week to get here. That puts me a week behind schedule” says Peter. Just then, the temperature drops and the wind picks up. The two men look up and see a black wall cloud against a greenish hue of sky. “Tornado!” yells Larry. They both run for the basement. When they emerge later, they see how close the tornado came. The strong winds have ripped off the roof of the newly-constructed barn. “Guess I know what I’ll be doing while waiting for the paint to arrive—build a new barn roof!” says Peter. Two different delays have occurred—either of which alone would have extended the time required to finish the project—and they are causing a delay during the same time period, so they are called Concurrent Delays. As can be imagined, litigation due to Concurrent Delays costs could get quite messy if some delays are the buyer’s fault, some are the contractor’s fault, and some are the fault of neither party. For more on delays, please see the earlier postings of “Excusable and Non-Excusable Delays” posted April 22, 2010 and “Compensable and Non-compensable Delays” posted April 23, 2010.