Will Contractor be entitled to compensation due to prolongation for concurrent delay or has effect concurrently with Employer Delay to Completion?

Employer Delay + No Contractor Delay = Cost & Time

Employer Daley + Contractor Daley =  Depends on the case , Possibly only Time no Cost.

No Employer Delay + Contractor Delay = LD

 

If the Contractor incurs additional costs that are caused both by the Employer Delay and concurrent Contractor Delay, then the Contractor should only recover compensation to the extent it is able to separately identify the additional costs caused by the Employer Delay from those cause by the Contractor Delay.

If it would have incurred the additional costs in any event as a result of Contractor Delays, the Contractor will not be entitled to recover those additional costs.

Guys, it all depends how the contract has been amended and agreed to, however in case of general contract condition If both the delays are concurrent then contractor is not entitled to any EOT and hence nor the cost. Hope this answer your query!

If the project delay due to the employer or contractor negligence  then employer or contractor entitled for compensation but if both are involved in the project delay due to any reason then both are not entitled for compensation.

While one has to come to the basics to the root cause of delay but concurrent developments are to be viewed and weighted to compensate or not.

Sabyasachi Kar

Kolkata, India

Always back to basic, what is the reason for the delay and is this a reason for compensation. no more, no less.