Introduction

Delays on construction projects are common, often creating disputes over responsibility, extension of time and liquidated damages. Concurrent delays, where both the contractor and the employer contribute to the delay simultaneously, often create complexities. The legal principles governing concurrent delays are unsettled and inconsistent across common law jurisdictions.

Nigeria has a significant dearth of legal analyses specifically addressing concurrent delays. This lack of guidance further complicates an already contentious issue within the construction sector. This article examines the contentious issue of concurrent delays in construction contracts and draws insights from different approaches that have emerged in resolving the issue.