Concurrent delay is among the most disputed and least uniformly defined issues in construction law. There is no consensus definition — legally or technically — yet it determines liability in a significant share of delay claims. Experts regularly reach opposite conclusions on the same facts, and attorneys often don’t know why.
This session maps the competing methodologies experts use to identify and apportion concurrent delay, examines how different jurisdictions treat the issue legally, and addresses the disconnect between technical expert opinion and legal standard. Panelists will discuss how to frame concurrent delay arguments to survive Daubert scrutiny, how to cross-examine opposing experts effectively, and where courts and arbitrators have drawn the line.
Attendees will leave with a clear picture of where concurrent delay analysis breaks down, how to evaluate competing expert opinions, and how to position concurrent delay arguments for maximum legal impact.
