Define: Concurrently

What Concurrently Means in a Contract

Concurrently is a timing word used in contracts to describe events, obligations, or periods that occur at the same time rather than sequentially. When a clause states that two things happen concurrently, it means neither waits for the other to finish. This is the opposite of consecutively or sequentially, terms that would require one period or action to conclude before the next begins.

The word most often appears in relation to notice periods, contract terms, penalty clauses, or overlapping agreements. For instance, a termination notice might run concurrently with a separate performance improvement period, meaning both clocks start ticking on the same date rather than one following the other. Understanding whether obligations are meant to run concurrently or sequentially is essential to correctly calculating deadlines and compliance windows.

Because the term directly affects timing calculations, its presence or absence in a clause can materially change when rights and obligations mature. A single missing or misplaced instance of the word can shift an entire schedule of dates.

How Concurrently Is Defined or Measured

Contracts rarely define concurrently in a standalone definitions section because it is treated as an ordinary English word with a well understood meaning. Its practical effect, however, is measured by reference to specific dates or triggering events named elsewhere in the agreement. If a clause says two notice periods run concurrently, the measurement point is the date the first notice is given, and both periods are tracked from that same starting date.

In practice, parties measure concurrent periods using a shared calendar or milestone chart, particularly where multiple concurrent obligations exist in a complex project. This is common in construction and engineering contracts, where concurrent delay analysis determines whether a contractor is entitled to an extension of time when both the contractor and the employer contribute to a delay at the same time.

• Identify the triggering event or date for each obligation.
• Confirm whether the clause states the periods start on the same date or independently.
• Check whether any condition must be satisfied before the concurrent period can begin.

Where Concurrently Appears in Agreements

The word appears across many contract types. In employment and workplace documents, it may describe overlapping periods such as a suspension running concurrently with an investigation, and it is often relevant when drafting a Disciplinary Action Notice that references simultaneous timelines. In construction contracts, concurrently is central to delay and extension of time clauses, an area of particular importance in the construction industry where multiple causes of delay frequently overlap.

It also appears in licensing and service agreements where two contracts, or two obligations within one contract, are stated to run concurrently rather than one taking priority. Event contracts sometimes use the term when describing overlapping bookings or simultaneous performance obligations, which is relevant to anyone drafting an Event Agreement involving multiple vendors or timelines that must align.

Insurance and finance agreements also use concurrently to describe overlapping coverage periods or simultaneous default triggers, since the timing of concurrent events can determine which policy or remedy applies first.

Why the Exact Wording Matters

Ambiguity about whether periods run concurrently or consecutively is a frequent source of dispute. If a contract is silent or unclear, the parties may disagree about whether a notice period, cure period, or penalty period has actually expired, which can affect the validity of a termination or claim. Precise wording removes this uncertainty by stating explicitly that specified events occur at the same time, from the same starting date, and under the same triggering condition.

The exact wording also matters because concurrently is sometimes confused with simultaneously or jointly, words that carry subtly different connotations. Simultaneously suggests an instant of exact coincidence, while concurrently allows for overlapping periods of time rather than a single moment. Careful drafters choose the word that matches the intended legal effect, since a court interpreting the contract under the law governing the contract will look closely at the ordinary meaning of the term used.

Drafting Considerations

When drafting a clause involving concurrently, it is good practice to state the specific start date or triggering event for each period explicitly, rather than relying on the reader to infer that timing is shared. Cross-referencing related clauses helps avoid inconsistency, particularly where multiple notice or cure periods interact within the same agreement.

Drafters should also consider whether concurrent periods should be capped by a longest-of or shortest-of formulation, especially in complex agreements with several overlapping obligations. Reviewing how concurrency clauses interact with force majeure, extension of time, or default provisions is a task that benefits from careful negotiation, an area explored further in discussions of clause-by-clause contract negotiation. Testing draft language against realistic timelines before signature reduces the risk of later disputes over whether obligations truly ran at the same time.