David Adelstein | Florida Construction Legal Updates When a contractor is challenging the assessment of liquidated damages, or arguing that it is entitled to extended general conditions, the contractor bears a burden of proof to establish there were excusable delays that impacted the critical path and, in certain scenarios, the delays were not concurrent with contractor-caused delay: When delays are excusable,… Continue reading Contractor’s Burden When It Comes To Delay
Tag: Concurrent Delay
Delay Days for Liquidated Damages May Be Apportioned Where Permitted by Contract
Geoff F. Palachuk | Lane Powell Overlapping delays partly caused by a contractor and partly by an owner — known as concurrent delays — typically nullify the assessment of liquidated damages in a breach of contract dispute. But a contractor generally will be held liable for liquidated damages if the contractor cannot establish proof of… Continue reading Delay Days for Liquidated Damages May Be Apportioned Where Permitted by Contract
Can Negotiated Terms in Construction Agreements Reduce Uncertainty Surrounding Concurrent Delay?
Regan Schmidt | Taft Stettinius & Hollister Concurrent delay is a frequently litigated construction claim. These types of cases tend toward both the complex and constructively technical. It may then come as a surprise that despite the prevalence of lawsuits, a majority of construction contracts fail to directly address concurrent delay in a project. The… Continue reading Can Negotiated Terms in Construction Agreements Reduce Uncertainty Surrounding Concurrent Delay?
Concurrent Delay: Surety—Standing in the Shoes of Subcontractor—Is Barred From Asserting Defense of Concurrent Delay Because Subcontractor Failed to Seek a Time Extension as Required by the Subcontracts
Michelle Beth Rosenberg | Pepper Hamilton LLP | November 20, 2018 Fid. & Deposit Co. of Md. v. Travelers Cas. & Sur. Co. of Am., 2018 U.S. Dist. LEXIS 162265 (D. Nev., September 21, 2018) Clark County School District (“CCSD”) hired Big Town Mechanical (“Big Town”) as general contractor to perform HVAC upgrades at five… Continue reading Concurrent Delay: Surety—Standing in the Shoes of Subcontractor—Is Barred From Asserting Defense of Concurrent Delay Because Subcontractor Failed to Seek a Time Extension as Required by the Subcontracts
A Myth About Delay – Revisited
Vernon Howerton | Texas Construction Law Blog | November 15, 2017 Construction lawyers routinely deal with delay claims. I have presented or defended more of them than I can remember. That is why I was curious when, earlier this year, I received a series of email invitations to presentations on the use of “concurrent delay”… Continue reading A Myth About Delay – Revisited