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Delay Classification & Claims

Apportionment

Apportionment is dividing responsibility for a delay period among multiple contributing causes -- most commonly needed when a concurrent delay has both an excusable and a non-excusable component.

Definition

When more than one cause contributes to the same delay period, apportionment allocates the resulting time and cost consequences among them rather than assigning the whole period to a single party. The most common apportionment scenario is a genuinely concurrent delay: the non-concurrent portion of each party's own delay is typically apportioned to that party alone, while the truly overlapping period is often treated as excusable but non-compensable for both.

Example

Of an 18-day delay period, 10 days are attributed solely to an owner-caused RFI delay and 8 days to a genuinely concurrent overlap with a differing-site-condition delay -- apportioned as 10 compensable days plus 8 excusable-but-non-compensable days, rather than the full 18 going to one party.

Related terms