Concurrent Delays

Courts may also classify delays as “concurrent.” That is, a delay may result, for example, from actions of both the owner and the contractor. In these situations, Alabama law appears to allow for an apportionment of damages based upon the fault of each party causing the delay. E. C. Ernst, Inc. v. Manhattan Const. Co. of Texas, 551 F.2d 1026, 1038 (5th Cir. 1977) (“we believe that Alabama would permit apportionment of fault”).