Concurrent delays and the critical path

City Inn Limited v Shepherd Construction Limited (30 November 2007) contains useful practical guidance on two areas that often arise in the context of contractors' claims for delay, namely:

1. How does one best determine where the critical path lies – by computer analysis or by a combination of evidence and common sense?
2. What is the correct approach where two or more events (one being caused by the contractor, another being caused by the employer) contribute concurrently to a period of delay?

The case involved a contractor's time and money claim relating to a hotel project in Bristol. The contract in question was a Scottish JCT contract, which did not materially differ from the English JCT contract. The decision is from the Outer House of the Court of Session, roughly equivalent to the English High Court, and, we understand, will be appealed. Scottish decisions are not binding in England, but are often referred to for guidance.

The court also dealt with a further issue relating to a "time bar" clause under which a contractor had to provide certain information as a precondition for being given an extension for time.

Read a full analysis of the legal issues.