6th March 2026

By CSPM Principal Consultant,

Shadi Juma

Concurrent delay is one of the most frequently misunderstood concepts in construction disputes.

At its core, concurrent delay occurs when two delay events — one typically attributable to the contractor and the other to the principal — happen during the same period and both affect project completion.

The mistake most project teams make is focusing on events rather than impact.

True concurrency is not about whether two issues occurred at the same time.
It is about whether both issues delayed the critical path at the same time.

If one delay was already controlling completion, a second delay occurring in parallel may have no additional effect on the completion date. In that case, the delays are not truly concurrent from a planning perspective.

This is why concurrency is not primarily a legal argument.
It is a planning, logic, and causation exercise.

When concurrency is assessed early — using a properly statused program, clear logic, and factual evidence — many disputes never escalate. Where it is left unresolved, arguments become entrenched, costs rise, and outcomes become uncertain.

Clarity on concurrency is often the difference between resolution and prolonged dispute.

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