Concurrency and the Prevention Principle: Can a Better Balance Be Achieved?
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2024年10月01日
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In an article for CICES Construction Law Review, FTI Consulting's Zoi Polyzou discusses concurrent delay, the prevention principle and whether a better balance can be achieved.
This article is from CICES Construction Law Review, the entire publication is available here: https://journals.cices.org/ces/construction-law-review-2024-2025/features/concurrency-and-the-prevention-principle
“Time is of great importance in construction and infrastructure projects. Construction delays can lead to uncertainty and highly complex situations, especially when there’s an aggregate of causes, some of which are the employer’s risk and some of which are the contractor’s risk. Concurrent delay is, therefore, one of the most controversial and perplexing aspects of dispute resolution, and difficulties can arise in the assessment of time and money when it occurs.
This article considers the influence of the decision in North Midland Building v Cyden Homes1 on concurrent delay and the prevention principle. It also explores whether express contract provisions dealing with issues of concurrency and prevention can achieve a better balance between the interests of employer and contractor when those circumstances arise.”
Republished with the permission of CICES Construction Law Review
Footnotes
1. [2017] EWHC 2414 (TCC); [2018] EWCA Civ 1744.
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2024年10月01日
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