Prevention or Cure? Delay Claims and the Rise of Concurrency Clauses

Accessing papers

If you are logged in as a member or a registered academic, you will see a link to download the paper for FREE. The link is just above the Add to Cart button.

If you wish to purchase the paper, you must be logged in first (click here to log in, or click here to register). You will then see the Add to Cart button. You may also have a choice of preferred format if both are available - PDF download costs £3, printed version costs £7.50 inc postage. Choosing one or the other changes the price displayed.

When you are ready to check out, use the 'View basket' link in the top left of the website.

The Rt Hon Lord Justice Coulson

June 2019

A paper based on the Pinsent Masons Lecture given in Hong Kong on 15th November 2018 and presented to the Society of Construction Law at a meeting in London on 5th February 2019.

The paper addresses a number of related issues which tend to arise in contested delay claims. In particular, The Rt Hon Lord Justice Coulson examines the scope and possible limits of the prevention principle and the importance of contractual extension of time provisions. He goes on to consider the problems caused by concurrent delay, the recent rise in the popularity of concurrency clauses and in particular the Court of Appeal’s judgment in North Midland Building Ltd v Cyden Homes Ltd, the first reported case in which a concurrency clause has been considered by the court.

Introduction – The legal background –The doctrine of prevention – Extension of time provisions – Concurrent delay – Concurrency clause – Conclusions

The author: The Rt Hon Lord Justice Coulson is a Lord Justice of Appeal and Deputy Head of Civil Justice. He is the President of The Society of Construction Law.

Text: 12 pages

Paper number: 
June 2019 printed and online, 1MB

Our papers

The Society has published nearly 400 papers since 1984. Some are published both in hard copy and electronically (numbered), others in electronic format only (number prefixed 'D'). The hard copy papers can be purchased (except those marked with an asterisk which are no longer available). They are all also available as PDF files to download.

Those available as downloads can be accessed free by members and registered academics (students and staff) - if logged in, they will see a link to the file just above the Add to Cart button on each paper's page. Others can purchase the PDF file for a cost of £3.00. 

For further instructions on downloading, click here. The PDF file will only open on your computer if you have Adobe Acrobat installed (to obtain a free copy, click here). To save the paper to your computer, choose the 'save' icon on the Acrobat toolbar before opening the paper.

For personal use only

The papers on this website are for use by SCL members (and those who pay for them) only, and papers may be downloaded, printed and/or otherwise retained for that purpose only by members of the SCL (and those who purchase them).  The availability of all papers past and present represents a significant benefit to members of SCL and wider dissemination of SCL papers dilutes that to the detriment of the membership.  Further and more importantly, copyright in the papers belongs jointly to the writers of the paper and to the SCL, and the SCL is not therefore in a position to provide any wider licence.  Accordingly the SCL asks members and those who purchase papers not to disseminate papers more widely than their licence allows (e.g. by posting them on internal legal resource intranet databases and the like).