Assessing the Costs of Concurrent Construction Delays

Identifying and quantifying concurrent delays in construction projects is the most contentious technical subject in forensic schedule analysis, according to the Association for the Advancement of Cost Engineering (AACE). Concurrent delays are defined as occurring when two or more delays in a project happen at the same time. These delays occur among contractors, owners, and subcontractors. When they impact the completion of a project, these delays can cause serious cost and completion issues for construction projects. 

In an article by Exponent's Roy Abdollahi, Robert Freas, and Gayathri Shetty titled "Mastering Concurrent Delays: A Case Study Guide for All Construction Stakeholders," the authors explore how parties engaged in construction projects think about concurrent delays, examine past legal cases involving concurrent delays, and present three case studies that illustrate the phenomenon:

• A mixed-use, multi-phase redevelopment of two 15-story residential towers, two two-story retail podiums, more than 300 rental apartments, and a parking garage. The project followed a design-bid-build approach, and the developer entered into a fixed-price contract with the contractor. The contract included a liquidated damages clause for delays beyond the agreed completion date, with a $10,000 per-day penalty.
• A design-build project involving the construction of a four-lane limited access highway, including bridges, local connectors, ramps connecting a major interstate to a government installation, and a vehicle inspection station. The project owner, the State Department of Transportation, contracted with the design-build contractor for the work. 
• The renovation and upgrade of a transit maintenance facility and yard, which was to remain operational throughout the project's duration. The contract documents identified 19 distinct "zones" within the maintenance facility where the contractor was permitted to perform its scope of work. These documents restricted work in certain zones during certain times of the year. Similarly, the contract also restricted work in certain adjacent zones. 

In each case, the authors explain how concurrent delays affected these projects and how the issues were resolved. The article was first presented as CDR-4634 at the 2025 AACE International Conference & Expo. Now, AACE has selected the paper for publication in the July/August 2026 issue of the Cost Engineering Journal and chose it as the lead feature and opening article for the issue.  

From the publication: "Failing to address concurrent delays can lead to misallocation of risks, claims, and disputes, and eventually to financial losses."