The Court of Appeal has concluded that parties are free to allocate concurrent delay risk as they see fit in their construction contract.

The courts often wrestle with issues of contractual interpretation, which can result in a fundamental development in the law, a slight change in stance or a reiteration of the courts’ approach to certain matters. Arguably, this case falls into the final category.

The case concerned a clause within an amended JCT Design and Build Contract 2005, under which Cyden Homes Ltd, the employer, had employed North Midland Building Ltd, the contractor, to carry out the design and construction of a large property in Lincolnshire. Within the contract, the parties had agreed to allocate the risk of concurrent delay to North Midland.

“Standard forms of construction contracts are often silent on concurrent delay”

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