"What if" contractor 6 months behind, then essential procurement item 9 months behind? construction acceleration?

J
John Reeves 👤 Member for 13 years 1 month

"What if" contractor 6 months behind, then essential procurement item becomes 9 months behind?  Is it unfair construction acceleration if the contractor is still pushed for overtime and accelleration even though there is a worse delay than the original - & that being a essential procurement item (like elec switch gear) that cannot be accellerated?  They are late, but they are also then  hurring just to wait...?  Is that unfair constructive accelleration - I am guess not but I do not know.  I assume the Owner goes after the GC for LD's and the GC goes after the supplier.

Profile picture for Patrick Weaver
Patrick Weaver 👤 Member for 25 years 5 months

The answer to this question depends on who's responsible for the risk of each delay.  If the client has some responsibility for one of the delays your are looking at a concurrent delay situation, if the contractor is responsible for both, the contractor has a problem. 

Concurrent delays are a complex issue affected by the contract and by diffeent interpretations of law in various jurisdictions see: https://mosaicprojects.com.au/PMKI-ITC-020.php#Concurrent

Forum Sponsor

Top Posters

Saqib Ullah
1 posts
Luyanda Ndlumbini
2 posts
Jeff Waldrop
6 posts
Robert Roy
1 posts
Tony Wright
4 posts
Arshman
0 posts
Stan Remiszewski
1 posts
GeoVe
0 posts
JAGAN REDDY MUSUKU
0 posts
Nick Johnson-Pond
3 posts