Delays to construction project are a universal issue and cause problems for all parties involved in them - it seems on a worldwide basis. Each jurisdiction can point to high profile projects which run late and over budget.
These problems are exacerbated when there are multiple causes of the delay. Untangling the causes to try to establish which party takes the risk of the delay can be an extremely complex and time consuming exercise. These difficulties can be increased yet further for parties venturing into a new jurisdiction where they are not familiar with the approach that jurisdiction may take to dealing with competing causes of delay.
Welcome, then, to the 1st Edition of the CMS Expert Guide to Concurrent Delay. In this Guide we provide an introduction to the law relating to concurrent delay in each of the jurisdictions listed. For each jurisdiction the authors have answered the standard set of questions set out below and also considered how the law on their jurisdictions would treat the scenario referred to.
It has become apparent whilst compiling this Guide that a distinction can be drawn between jurisdictions that have developed jurisprudence on this topic and those that do not; we have grouped the reports from the jurisdictions we’ve covered accordingly.