When is a Project Delay Material and Actionable?

Richard G. Erickson | Snell & Wilmer Welcome to 2022!  This year, the construction industry will undoubtedly reflect on the last two years as unprecedented times plagued by construction project delays.  The COVID-19 pandemic contributed to suspension of work and closure of construction projects worldwide in 2020.  The end of 2021 brought additional delays caused… Continue reading When is a Project Delay Material and Actionable?

Ready, Fire, Aim: The Importance of Targeting Your Delay Notices

Bradley Sands | ConsensusDocs Providing written notice of delay to subcontractors when a project is behind schedule is a regular part of good project documentation practices. A properly targeted delay notice is an important, project correspondence that is an appropriate response to a subcontractor’s specific delay or ongoing delays. However, when a project falls behind schedule… Continue reading Ready, Fire, Aim: The Importance of Targeting Your Delay Notices

Defects, Delays and Change Orders

Jacob A. Epstein | Construction Executive As every construction professional is aware, unexpected events and problems are guaranteed on every large project. Defects, delays and change orders are sure to arise, and depending on how they are dealt with and addressed at the time, they can either have minimal effects on the overall project or… Continue reading Defects, Delays and Change Orders

No Damage for Delay? No Problem: Exceptions to the Enforceability of No Damage for Delay Clauses

Chris Broughton | ConsensusDocs Introduction: Under a no-damage-for-delay clause, the owner is not liable for any monetary damages resulting from delays on the project. In lieu of monetary recovery, the contractor’s remaining remedy is a non-compensatory time extension. These clauses are common at the contractor-subcontractor interface as well. While no-damage-for-delay clauses are enforced in most… Continue reading No Damage for Delay? No Problem: Exceptions to the Enforceability of No Damage for Delay Clauses

Who Owns the Project’s ‘Float,’ and What Should Be Done About It?

David A. Cox | Stoel Rives The coined phrase “time is money” especially applies in the construction industry. Construction participants go to great lengths to build their projects on time and avoid delay costs. To facilitate timely project completion, construction schedulers create sophisticated project schedules utilizing the critical path method (CPM). CPM scheduling identifies the… Continue reading Who Owns the Project’s ‘Float,’ and What Should Be Done About It?

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