Mutual Effects of Owner-caused and Contractor-caused Delays on the Performance of International Construction Contract [Concurrent Delays]

In construction contracts، one of the analytical dimensions focuses on concurrent delays. The determination of each party''s responsibility and the mutual effects of this type of delay can be regarded as among the complicated and widely-used concepts of construction contracts; the case in which both the owner''s and the contractor''s delays independently cause delay in the critical path is different from the case in which the combined effects of both cause delays in the completion، and one cannot ignore the effects of one on the other. For this type of delay، it is not easy to determine the contribution of each factor، and it is necessary to analyze different factors influencing the delays، though some analysts believe this is impossible. In order to have a proper analysis of the effects of such delays، it is necessary to obtain the drawings، maps، data، the plant schedules، delay periods of each independent cause، and a distinct notion of critical delays as contrasted with non-critical delays. The present study tries to analyze the concurrent delays by examining the legal rules and relevant judicial procedures، and some critical and standards for determining their effects and to find out each party''s responsibility. In addition، it shows the existing challenges and relevant complexities in the way of determining the liabilities of each party.