Naval Support
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 NAVAL SUPPORT IN I CORPS 1968 US Naval Support Activity Da Nang Vietnam $49.90 Time Remaining: 27d 2h 24m Buy It Now for only: $49.90 |
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 Vietnam War Patch US Naval Support Activity Detachment Supply CAT LO $10.95 Time Remaining: 13d 22h 6m Buy It Now for only: $10.95 |
 KEYCHAIN UNITED STATES NAVAL SUPPORT ACTIVITY BAHRAIN $10.95 Time Remaining: 8d 14h 2m Buy It Now for only: $10.95 |
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 NAM WAR PATCH US COMMUNICATION NAVAL SUPPORT ACTIVITY $10.98 Time Remaining: 7d 13h 41m Buy It Now for only: $10.98 |
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 Naval Operational Support Center Challenge Coin OIC $16.00 Time Remaining: 3d 23h 28m Buy It Now for only: $16.00 |
 NAVY NAVAL OPHTHALMIC SUPPORT TRAINING ACTIVITY DECAL $1.50 Time Remaining: 29d 15h 31m Buy It Now for only: $1.50 |
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 Challenge Coin US Navy Naval Medical Logistics Cmd Global Support USN 158 235 $24.49 Time Remaining: 14d 20h 31m Buy It Now for only: $24.49 |
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 US NAVAL SUPPORT ACTIVITY VIETNAM 1966 1967 CRUISE BOOK $289.00 Time Remaining: 26d 17h 15m Buy It Now for only: $289.00 |
 U S NAVAL SUPPORT I CORPS DANANG CRUISE BOOK YEAR LOG 1969 $229.00 Time Remaining: 6d 18h 15m Buy It Now for only: $229.00 |
 1967 Admiral Paul Lacy CO Naval Support DaNang Vietnam $27.16 Time Remaining: 27d 2h 48m Buy It Now for only: $27.16 |
 Naval Engineering Support Unit CHARLESTON USCG Coin $28.99 Time Remaining: 23d 20h 2m Buy It Now for only: $28.99 |
 Vietnam War Patch US Naval Support Activity Detachment SUPPLY CAT LO $12.99 Time Remaining: 25d 21h 2m Buy It Now for only: $12.99 |
 Challenge Coin US Navy SEABEES Naval Construction Force Support Unit Three 20 $24.49 Time Remaining: 7d 21h 9m Buy It Now for only: $24.49 |
 Rare Original US Navy Fleet Surveilance Support Command Naval Plaque $35.00 Time Remaining: 10d 22h 55m Buy It Now for only: $35.00 |
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 US NAVAL SUPPORT ACTIVITY VIETNAM 1968 CRUISE BOOK $299.00 Time Remaining: 3d 16h 37m Buy It Now for only: $299.00 |
 US NAVAL SUPPORT ACTIVITY VIETNAM 1970 CRUISE BOOK $299.00 Time Remaining: 3d 16h 37m Buy It Now for only: $299.00 |
Naval Support
Dealing with Concurrent Delays in Nutshell
Claims of concurrent delay are used as both a sword and a shield in delay claims. A contractor may use concurrency to defend against a claim for liquidated damages, while the employer may use it to waive off the contractor’s pursuit of delay costs. The question of what is truly a concurrent delay is however contestable. Not surprisingly, it has gone upto courts and arbitration panels to have a definition and a recent case is R.P. Wallace, Inc. v. U.S. 63 Fed. Cl. 402 (2004) in the US.
In R.P. Wallace, the Navy entered into a contract for Wallace to renovate a Naval Support Facility in New Orleans. As part of the contract, Wallace agreed to furnish and install specially designed windows consistent with the aesthetic characteristics of the existing facility, but sufficient to withstand winds of up to 160 miles per hour. The contractor was slow in starting its work, so that several months into the project, little progress had been made towards project completion. By that time, the contractor was substantially behind on its delivery of the window submittal. When the window submittals were finally turned in, the contractor and the Navy determined that the design requirements for the windows could not be met and the design needed to be changed. The changes were implemented; but the project was delayed, partly because of the changes to the windows and partly because of slow progress. The contractor submitted a claim for release of the liquidated damages that were held against it. Wallace argued that even though it may have been responsible for certain delays, the employer’s change in the design was a concurrent delay to any contractor-caused delays, thus precluding the assessment of liquidated damages.
The court first noted that the contractor must prove that the excusable event proximately caused a delay to the overall completion of the contract, i.e., the delay affected activities on the critical path. The court stated that the contractor was entitled to only so much of a time extension as the excusable cause actually delayed performance.
The court then drew an important distinction between ‘concurrent delay’ and ‘sequential delay’. Concurrent delay occurs where the delay can be attributed simultaneously to the actions of both the employer and the contractor. Sequential delay, on the other hand, is based on delay events that occur at distinct and intermittent periods. The court found that in the case of concurrent delay, the contractor’s delayed performance is excused but the contractor is not entitled to an adjustment in the contract price. With sequential delay, however, the delay is apportioned and in fact apportionable between the employer and the contractor. Hence, the court performed its own windows analysis by evaluating select periods to determine who was responsible for the delay during each of those designated periods and how that delay affected the overall project completion. This typically requires a CPM schedule analysis to be able to allocate the delay appropriately between two parties during each of the selected periods.
The Wallace decision emphasizes the need for the parties to develop a realistic baseline schedule with updates at delay events. The reason for doing this is to address delay events as they occur. It also reveals that concurrent delays are two or more delays, one because of the contractor and the other the employer, the impact of which fall at the same time, and which is critical for completion. Accordingly, where you have two completing causes of delay of equal or relative causative potency a natural response would be to suggest that the overrun and its consequences should be ‘apportioned’ between the contractor and employer on the basis to their relative causative potency. Although this would appear to be simple and reasonable, it has attracted little support in common law jurisdictions where there is a tendency to apply principles of causation in an ‘all or nothing’ way so that the claimant would either win or lose. Arguably the apportionment approach is dependant on the causative potency which may be contrasted with the concept of fairness and create difficulties over the split between time and cost.
The ‘but for’ test is based on a simple concept that the overrun would not have occurred ‘but for’ the Engineer’s instruction, for instance. Legally, as a matter of the burden of persuasion, the burden is on the party claiming delay damages resulting from the delay to provide a reasonable basis for apportioning the effects of these concurrent delays between employer and contractor. If the concurrent delays are so intertwined as not to be segregable, or the contractor otherwise fails to provide a reasonable basis for apportionment, then the claim for delay damages may be found insufficient. This is because the claimant has effectively failed to demonstrate that the other parties' delay actually delayed project completion. Put another way, where the effects of concurrent delays cannot be segregated, it cannot be said that "but for" the other party's delay, the contract would have been completed earlier.
Keating on Building Contracts defined concurrent delay as: ‘It there are two causes, one the contractual responsibility of the Defendant and the other the contractual responsibility of the Plaintiff, the Plaintiff succeeds if he establishes that the cause for which the Defendant is responsible is the effective, dominant cause. Which cause is dominant is a question of fact, which is not solved by the mere point of order in time, but is to be decided by applying common sense standards. This rationale is based on the parties having intended that in the event of a delay one of them must be responsible. It anticipates for the engineer to consider the reasons for the delays and chose a ‘dominant’ one. In fact, there may well be circumstances where a relevant event has an impact on the progress of the works during a period of culpable delay if where that event would have been wholly avoided had the contractor completed the works by the previously fixed completion date. For example, a storm which floods the site during a period of culpable delay and interrupts progress of the works would have been avoided altogether if the contractor had not overrun the completion date. In such a case it is hard to see that it would be fair and reasonable to postpone the completion date to extend the contractor’s time. However, in practice it could be impractical to apply when the two causes have equal potency.
The ‘Malmaison’ approach is considered to be the modern decision on concurrent delay. Malmaison was a hotel in the centre of Manchester, which experienced significant delays. Mr Justice Dyson said in passing ‘if there are two concurrent delays, one which is a relevant event and the other not, then the contractor is entitled to an extension of time for the period of delay caused by the relevant delay notwithstanding the concurrent effect of the other event.’ If the contract suffered a delay of a week because of exceptional weather, a Relevant Event and the same period of delay because of the shortage of labour, not a Relevant Event. Then if the architect feels it fair and reasonable to do so, he should grant an extension of time and he cannot refuse to grant one on the grounds that the delay would have occurred anyway because of the shortage of labour. The philosophy for dealing with concurrent delays in the SCL protocol has been lifted from the Malmaison scenario.
Basically, the contractor cannot recover delay damages where it cannot segregate the owner's delays from its own. Similarly, the employer cannot enforce a claim for delay damages due to contractor delays that are not segregated from the employer own delays. Accordingly, the rule generally is that when concurrent delays cannot be segregated, neither party may recover damages for the resulting project delays. In effect, concurrent delays are treated as if "excusable" but not "compensable.” Justice Coleman adopted the so-called ‘net’ effect for determining an extension of time, where the excusable delay period is added to the existing Completion date, which is called the ‘net’ method irrespective of whether the delay prevailed after a gap of compensable delay period. The author is in total acceptance with the opinion of Justice Coleman who adopted this net effect in determining time extension without excusing the contractor from his own previous delays.
Under circumstances, the author strongly believes that each specific case of concurrent delay should be viewed on its own merit keeping in mind the existence of foregoing principles.
About the Author
How can i get my ex bf to pay childsupport here in bahrain?
Im british, staying here in bahrain till July. My ex bf is stationed here, he is in the US Navy. We have a one and a half yr old boy. Everytime i ask him to help me support my son, he ignores me and refuses to help out. Is there anything the Naval base can do if i contact legal here?
i meant to say is there anything legal at the naval base here could do to help me if i contact them?
Do you have proof he is the Father of the child birth certificate etc ?
There is a way to go about this and trust me the USN frowns severely upon the abandonment of ones children.
I wish I knew more info and who to contact...be diligent and patient.
They can The USN arrange to have the funds withdrawn automatically sent to you.
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