Delay is one of the issues most frequently encountered in today’s construction industry; it causes significant economic damage to all parties involved. Construction contracts, standard and bespoke, almost invariably consider delay from a perspective of single liability. If the event causing the delay is contractually defined as a contractor’s risk, the contractor is liable to pay liquidated damages to the employer; if it is not, the contractor can under certain circumstances claim an extension of time and in some cases also economic compensation from the employer. The situation where a given period of delay can potentially be attributed to several events falling within both parties’ spheres of responsibility, commonly termed concurrent delay, is rarely regulated in construction contracts in spite of its common occurrence. This book analyses both the theoretical foundations and the practical solutions to the issue of concurrent delay in a comparative perspective between common and civil law systems, with an emphasis on Danish and English law.
Sylvie Cavaleri, a Swiss and Danish qualified attorney, is currently an assistant professor at Copenhagen University, Faculty of Law, Centre for Enterprise Liability (CEVIA). She specializes in international construction law and international dispute resolution. During her current employment, Sylvie focuses on her postdoctoral research project concerning the interpretation and application of international standard contracts under different legal systems, for which she received a two-year research grant from the Danish Council for Independent Research; she is also teaching in areas related to her research. This book contains Sylvie Cavaleri’s PhD thesis, which she submitted on July 15 and defended on November 1, 2013.