The topic of concurrent delays in construction disputes is one of the most, perhaps fiercely, argued topics between practitioners and parties in a construction dispute. Almost always, where there is a delay claim, there is an argument related to concurrent delays advanced by the contractor, the owner or both. An assertion, positively or negatively, of a concurrent delays situation is one of the most used (and abused) defences in delay related disputes.

With almost every delay claim involves a concurrency argument, it is not surprising to find out that the vast majority of these arguments are without any merit. The overuse, perhaps in many situations spuriously, of concurrency arguments in delay related claims and disputes leaves many thinking that concurrency is as scary (or unreal) as a Halloween monster.