This article explains why it might not be the best of times for employers and contractors to be relying on ‘concurrent delay’ (CD) when faced with construction delays under an un-amended JCT contract. In short, aided by the definition of CD approved by the Court of Appeal (which in the writer’s view significantly differs from the definitions provided within the SCL protocol) and due to prevailing doubt of what effect CD actually has on entitlement under English Law, tribunals will be more inclined than ever in most given sets of circumstances to find that CD does not actually exist.
