Construction Claims & Project Management Overview Three recent rulings from state and federal courts have clarified the enforceability and limitations of delay-related contract provisions in construction projects, particularly concerning no-damages-for-delay clauses, concurrent delay, and the recovery of liquidated damages. These cases highlight how courts balance contractual risk allocation with the facts surrounding delay and project… Continue reading Legal Insight: Key Rulings on Construction Delays and Liquidated Damages
Tag: Construction Delay
Breaking Down the Walls: A Series on Construction Delay Claims (Part 5 of 6)
Thomas Certo, Gary Brummer and Jacob Lokash | Ankura In the fast-paced world of construction, delays and disruptions can pose significant challenges to project success. In this Breaking Down the Walls series, Gary Brummer, a partner at Margie Strub Construction Law LLP, and Jacob Lokash, an associate at the firm, draw upon their extensive legal… Continue reading Breaking Down the Walls: A Series on Construction Delay Claims (Part 5 of 6)
Breaking Down The Walls: A Series On Construction Delay (Part 3 Of 6)
Thomas Certo | Ankura In the fast-paced world of construction, delays and disruption can pose significant challenges to project success. In this Breaking Down the Walls series, Gary Brummer, a partner at Margie Strub Construction Law LLP, and Jacob Lokash, an associate at the firm, draw upon their extensive legal expertise to explore the complexities of construction… Continue reading Breaking Down The Walls: A Series On Construction Delay (Part 3 Of 6)
Contractors May Be Able to Appeal Despite Government’s Delay in Issuing Its Final Decision
Alexander Gorelik and Barbara A. Duncombe | Taft Stettinius & Hollister A recent opinion from the Armed Services Board of Contract Appeals (ASBCA) suggests that contractors may be able to appeal before receipt of a contracting officer’s final decision (COFD) when the government seeks to delay issuing a decision. On April 3, 2024, the ASBCA addressed the… Continue reading Contractors May Be Able to Appeal Despite Government’s Delay in Issuing Its Final Decision
Specification Challenge; Excusable Delay; Type 1 Differing Site Condition; Superior Knowledge
David Adelstein | Florida Construction Legal Updates An Armed Services Board of Contract Appeals dispute, Appeal of L.S. Black-Loeffel Civil Constructors JV, ASBCA No. 62402, 2023 WL 5827241 (ASBCA 2023), involved which party bore liability for delay—the federal government or the prime contractor–based on various legal theories. Without detailing the factual details, a number of interesting… Continue reading Specification Challenge; Excusable Delay; Type 1 Differing Site Condition; Superior Knowledge