Are we there yet Fair risk allocation for concurrent delays and Australian standard form contracts

Author(s) J. Parsons
Australian Construction Law Newsletter #179 March/April 2018

Abstract

Contract terms that govern concurrent causation can potentially disrupt an otherwise consensual risk allocation model between a principal and contractor. The complex nature of delay analyses coupled with a disruptive concurrent causation provision stifles the professional and commercial relationships between a principal, superintendent and contractor1 as they attempt to navigate the ‘quagmire’ of concurrent delay causation.