The contractor is entitled to an extension of time if the employer is responsible for an event which causes delay to the completion date for the project.

Concurrent delay arises when the delay is caused by two or more events arising at the same time, one of which is the employer’s responsibility and the other is the contractor’s responsibility.

Under the “Malmaison” approach, the contractor gets an EOT for the employer’s event, despite culpability for its own delaying event.

Many delays are consecutive or sequential, not truly concurrent, and the “dominant cause” approach may be better.

If the contractor’s event starts before the employer’s event, and continues after it, then the employer’s event did not cause a critical delay.

The S CL- delay and disruption protocol provides useful guidance.

For concurrent delay, the contractor usually gets an EOT but no additional payment.

Extension of Time (EOT): When because of project delays, the original date for completion is changed to a later date.

Relevant Event: Means an event which, under the terms of the contract, entitles the contractor to claim an EOT if it causes critical delay.