Introduction
Concurrent delay and pacing delay are both types of delays that occur in construction projects, but they differ in their causes, nature, and how they impact project timelines. Understanding the distinction between these two types of delays is crucial for proper project management and dispute resolution.
1. Definition
A. Concurrent Delay
- A concurrent delay occurs when two or more separate delays affect the same period of time, with at least one being caused by the contractor and another by the owner or an external factor.
- These delays happen simultaneously and independently of each other. Both delays affect the project’s critical path and could have an impact on the overall project completion. For example:
- If a contractor is late in mobilizing equipment (contractor-caused delay) while the owner delays providing necessary design drawings (owner-caused delay), both delays may overlap in time, leading to a concurrent delay.
B. Pacing Delay
- A pacing delay is a strategic, intentional slowdown of work on a project by the contractor, usually in response to delays on the critical path. The contractor paces non-critical work to align with delayed critical tasks or to avoid potential issues like rework or resource misallocation.
- The pacing delay is a voluntary and controlled action, unlike concurrent delays which are often unintentional. For example:
- If foundation work is delayed due to permit issues, the contractor may choose to slow down non-critical activities like landscaping or painting to keep the project in sync and avoid idle work or the need for rework.
2. Cause
A. Concurrent Delay
- Caused by multiple independent events, such as:
- Contractor delays (e.g., poor scheduling, equipment breakdowns).
- Owner delays (e.g., late approvals, changes in project scope).
- External delays (e.g., weather, regulatory changes). These delays occur simultaneously but are not necessarily coordinated.
B. Pacing Delay
- Pacing delays are deliberate decisions made by the contractor or project manager to slow down certain activities in response to other delays on the critical path.
- The cause is typically a delay in critical path tasks, and pacing is used to manage resources and avoid inefficiencies.
3. Impact on Project Schedule
A. Concurrent Delay
- Both delays can affect the project’s critical path, meaning they could impact the overall project completion date.
- In a dispute, determining which party is responsible for the concurrent delay can be complex, especially if both delays occur simultaneously and independently.
B. Pacing Delay
- Pacing delays generally affect non-critical path tasks and do not immediately impact the project’s final completion date.
- The purpose of pacing is often to maintain efficiency and alignment with the critical path rather than to extend the project’s duration.
4. Responsibility and Liability
A. Concurrent Delay
- Shared responsibility: If both the contractor and owner contribute to delays during the same period, both may share responsibility, which can complicate delay claims and disputes.
- In legal disputes, concurrent delays often lead to entitlement arguments regarding extensions of time and claims for damages. For example:
- The contractor may be entitled to an extension of time if the owner caused delays, but neither party may be able to claim delay damages from the other because both were responsible for delays.
B. Pacing Delay
- Contractor-driven: Since the contractor or project manager decides to slow down the work, the pacing delay is typically under the control of the contractor.
- The contractor may not be held liable for pacing delays, as they are often seen as a proactive response to unavoidable delays on the critical path, but pacing should be clearly communicated to the project owner to avoid misunderstandings.
5. Examples
A. Concurrent Delay Example
- In a building construction project, the structural steel installation (contractor’s responsibility) is delayed by two weeks due to a labor shortage. At the same time, the project owner delays the release of final design drawings for the building’s façade by two weeks. Both delays happen during the same time period, causing a concurrent delay. Each party might argue that the other is responsible for the project’s overall delay.
B. Pacing Delay Example
- On a highway project, the critical path task of bridge construction is delayed due to design approval issues. The contractor, recognizing this delay, decides to slow down the paving of surrounding roads (non-critical work) to avoid finishing these tasks too early and having idle time or potential rework when the bridge construction eventually catches up.
6. Key Differences
| Aspect | Concurrent Delay | Pacing Delay |
|---|---|---|
| Nature | Unintentional and independent | Intentional and strategic |
| Cause | Simultaneous delays by multiple parties | Response to delays on critical path tasks |
| Affects | Both critical and non-critical activities | Primarily non-critical path activities |
| Responsibility | Shared responsibility (contractor, owner, or both) | Contractor-driven |
| Impact on Project Completion | Can impact the overall project completion | Rarely impacts project completion directly |
| Legal Dispute Potential | High (complicated entitlement claims) | Low (usually seen as a proactive management tool) |
7. How to Manage Each Delay
A. Managing Concurrent Delays
- Detailed Schedule Tracking: It’s essential to keep accurate records of all activities, particularly those on the critical path, to identify who is responsible for which delay.
- Clear Communication: If both parties are responsible for concurrent delays, having open and clear communication can help resolve the issue fairly.
- Claims Management: Both parties should document their reasons for delays, making it easier to resolve disputes or negotiate extensions of time and claims.
B. Managing Pacing Delays
- Proactive Planning: Pacing delays should be planned and communicated to the project owner and stakeholders to ensure they understand why certain activities are slowed down.
- Efficient Resource Management: Reallocate resources from non-critical tasks to critical ones when possible, using the pacing delay as an opportunity to focus on high-priority activities.
- Schedule Updates: Regularly update the project schedule to reflect pacing delays and ensure that they align with the overall project plan.
Conclusion
While both concurrent delay and pacing delay involve periods of slowed or halted work in a construction project, they differ in intent and responsibility. Concurrent delays are typically unplanned and involve multiple parties, which can lead to complex legal disputes and project delays. In contrast, pacing delays are a deliberate strategy used to manage project flow, resource allocation, and avoid inefficiencies, often without impacting the overall project timeline. Understanding these differences is key to managing delays effectively and minimizing disputes in construction projects.
