Common use of Concurrent Delay Clause in Contracts

Concurrent Delay. If the Contractor incurs additional costs that are caused both by Employer delay and concurrent Contractor delay, then the Contractor may only recover compensation to the extent the Contractor is able to separately identify the additional costs caused by the Employer delay from those caused by the Contractor delay. If the Contractor would have incurred the additional costs in any event as a result of Contractor delays, the Contractor is not entitled to recover those additional costs