Construction Delays and Concurrent Delays

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The British University in Dubai (BUiD)
This Dissertation explores all issues about construction delays, its definitions, causes and impact. Delay is considered as one of the fundamental issues that impinge projects due to its negative impact not only on time of delivery but also due to its associated ramifications, additional cost and losses. Its causes are spanned between the Contractor, Employer, third parties and project conditions. Concurrent delays are considered as one of the law notoriously problematical areas and most complicated & controversial kind of delay disputes. This is due to its unique/complex nature and the fact that there is no one standard and agreed coherent definition or interpretation of concurrent delay. In Author’s opinion, the term ‘concurrent delays’ must have a wider all-inclusive definition to cover all delay situations attributed to both parties that have an effect on time for completion. The Author herein proposed various options for definition of concurrent delays, which its selection depends on how both parties agreed to deal with concurrency, along with proposed contractual bespoke amendments to reflect the same. This Dissertation identified and analysed the basis and rules governing the determination of EOT in cases of concurrency under various civil and common law jurisdictions along with court’s relevant approach. It is concluded that Civil Law countries (such as USA, Scotland, Canada and Australia) preferred approach for concurrency is Apportionment. Similarly, UAE Civil Code provisions tend to support Apportionment as driven by Shariah, good faith, fairness and common sense principles. However, there is lack of reported court cases addressing concurrency in UAE, and UAE Civil Code does not have express articles that deal with concurrent delays nor it recognises concurrent delays on any organised basis. The Author submits that UAE courts can learn from both Scottish and United State Courts, with respect to application of detailed CPM delay analysis and application of Dominant Cause if applicable, “time-but-no-money” approach or Apportionment (preferably Apportionment of Time). And, further recommended the establishment of a UAE dedicated Technology and Construction Court Division that will definitely allow for more efficient resolution of construction industry complex disputes.
construction delays, concurrent delays, United Arab Emirates (UAE), UAE courts, law