GENERAL CONDITIONS OF CONTRACT
The issue of dealing with and assessing concurrent delays under the different forms of recognised construction contracts in South Africa has probably been the most contentious and recurring issue which I have dealt with over the past ten years.
I have experienced the stalemate in resolving such a claim before proceeding to adjudication or arbitration to be two-fold.
The one is based on the interpretation of fairness and the other is based on determination of the proper cause, and its effect on the due completion date, as based on the extension of time claim submission made by the contractor.