Programme slippage is rarely one-sided. Separating the two kinds of delay decides who pays for the time, and what can still be recovered.
When a project runs late, the conversation usually collapses into blame. It is more productive, and contractually more important, to separate delays caused by the contractor from delays caused by the owner, because they carry different remedies and different costs.
Contractor-caused delay at a glance
Slippage arising from the contractor's own resources, planning or supply chain: insufficient labour, late material orders, poor sequencing or rework of defective work.
Owner-caused delay at a glance
Slippage arising from the owner's decisions or obligations: late approvals, changes to the design, delayed payments, or access and permits the owner was responsible for.
Who carries the cost of time
Contractor-caused delay: The contractor absorbs its own prolongation costs and, where the contract provides for it, may be liable for delay damages.
Owner-caused delay: The owner typically bears prolongation costs and may owe an extension of time, which removes the contractor's liability for that period.
What the evidence looks like
Contractor-caused delay: Manpower records, procurement dates, inspection rejections and the contractor's own programme updates.
Owner-caused delay: Dated approval requests, the variation register, payment certificate dates and correspondence showing when decisions were sought.
What recovers the time
Contractor-caused delay: Additional resources, extended working or resequencing, usually at the contractor's cost.
Owner-caused delay: Faster decision making by the owner, batching of changes and clearing the approval backlog.
How it is usually argued
Contractor-caused delay: The contractor points to changes, approvals and payments to convert its own delay into an entitlement.
Owner-caused delay: The owner points to site productivity to resist an extension. Both arguments are weak without contemporaneous records.
When contractor-caused delay wins
- The programme slipped while drawings, approvals and payments were all current.
- Site records show reduced manpower or idle periods without external cause.
- Material orders were placed late relative to the contractor's own programme.
- Rework of non-compliant work consumed the time.
When owner-caused delay wins
- Approvals or sample decisions were outstanding while the trade waited.
- Variations were instructed that displaced planned work.
- Payment certificates were delayed beyond the contractual period.
- Access, utilities or permits within the owner's scope arrived late.
How to decide
Decide by chronology rather than by impression. Take the programme, mark the date each activity slipped, and identify what was outstanding on that date. Delays are established by what was true when the activity should have started, not by who is more persuasive afterwards.
The documents that settle this are the approved baseline programme, monthly updates, the variation register with dates, the approval log and payment certificate dates. Projects that keep these four routinely resolve delay questions in a meeting; projects that do not resolve them in a dispute.
If you are preparing to build, Domira can review your drawings, scope and contractor offers before you commit, and supervise delivery against the programme and specification you agreed.
Frequently Asked Questions
What is concurrent delay?
It is when both parties cause delay over the same period, for example the contractor is under-resourced while the owner has an outstanding approval. Treatment depends on the contract wording, but practically it usually results in an extension of time without prolongation cost. Clear records are what allow the concurrency to be identified at all.
Are delay damages enforceable?
They are enforceable when the contract defines them clearly, the rate is a genuine estimate of loss rather than a penalty, and the delay is properly attributed to the contractor. Poorly drafted clauses that do not address extensions of time tend to be difficult to rely on.
Should I grant an extension of time if I am partly responsible?
Yes, and doing so promptly protects you. Refusing a justified extension can undermine your ability to rely on delay damages at all, because the completion date becomes uncertain. Granting time while resisting unjustified cost claims is the stronger position.
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