5.3.1.4.7 Concurrent Delays

• Jurisdiction: Arizona

The majority rule followed in most courts is that neither the owner nor the contractor can recover from the other for delay claims where each has contributed to the delays.^[118] In some jurisdictions, however, the courts will attempt to apportion the delay damages, and this has been more frequently followed in cases involving an owner’s attempt to assess liquidated damages where there is a concurrent delay situation.^[119] However, even if the court is willing to apportion the delay damages, the contractor...