A nail in the coffin or a shining light? Concurrent delay exclusions and the ‘prevention principle’ explained

In an interesting judgment for the construction industry, the TCC in North Midland Building Ltd v Cyden Homes Ltd [2017] considered the enforceability of a bespoke exclusion in respect of concurrent delay and its impact on the ‘prevention principle’. The judgment confirms that parties can agree at the outset of a contract, who bears the risk of concurrent delay.

James Vernon, Simii Sivapalan and Jason Bird explain more in this article. 

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