Concurrent delay: get your retaliation in first

By Steven Carey2023-01-23T07:00:00

A recent case demonstrates an altered approach to concurrent delay that moves away from the ‘first in time’ approach

Famously, Willie John McBride told his teammates on the iconic 1974 Lions tour of South Africa to “get your retaliation in first”. So, what has this got to do with concurrent delay?

Blackburn with Darwen Borough Council engaged Thomas Barnes to construct a bus station under a JCT standard form contract. The works were delayed, Thomas Barnes claimed extensions of time and loss and expense. The council ultimately terminated the contract for delay. Subsequently, Thomas Barnes went into administration. The whole mess ended up in the Technology and Construction Court.

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