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Analyzing Concurrent Delay

Concurrent Delay Analysis: Part 2

By: Charles Choyce

As discussed in post 1, “Concurrent Delay Defined,” the courts have recognized the fact-specific nature in determining concurrent delay. However, the following general guideline has been established in numerous court decisions and published recommended practices where concurrent delay is an issue: For a delay to be concurrent, it must affect the critical path.[1]  Delay events that merely consume float, or slack time, on non-critical activities are not concurrent delays.

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