Introduction

The judgment in Thomas Barnes & Sons (In Administration) v Blackburn with Darwen Borough Council (Council) [2022] EWHC 2598 (TCC) has caused further debate in relation to concurrent delay. The judgment seems to row against the preferred ‘first-in time-approach’ indicated in the SCL Delay and Disruption Protocol (Protocol). Construction projects are often delayed for many reasons, including, events for which the Employer is responsible (Employer Risk Events) and events for which the Contractor is responsible (Contractor Risk Events). These events can occur at different times or concurrently. The Protocol indicates that…