When both the owner and the contractor are causing delay to the project at the same time.
Concurrent delay occurs when two or more independent delay events from different parties (owner and contractor) affect the critical path simultaneously during the same time period. When delays are truly concurrent, the contractor is typically entitled to a time extension but not delay damages, because the contractor's own concurrent delay prevents recovery of extended general conditions from the owner. Concurrent delay analysis is highly fact-specific and frequently disputed.
Concurrent delay directly affects who pays for extended project time, making it central to bidding risk and contingency decisions. Contractors price schedule risk into their bids partly because concurrent delay can entitle them to a time extension but bar recovery of delay damages, leaving them carrying extended general conditions. Clear schedule documentation from day one is what later determines whether a delay claim survives.
When an owner's late design release overlaps a contractor's own labor shortage on the critical path, the schedule analyst maps both delays day by day to argue they were concurrent, supporting a time extension while the owner disputes any compensable damages.
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