Jennifer Luther | Foley & Lardner On Monday, June 9, 2025, the Eighth Circuit Court of Appeals ruled that a Missouri real estate developer could not recover insurance proceeds for lost rental income arising out of a retaining wall failure that caused delays in the construction of an apartment building project. In BCC Partners, LLC v.… Continue reading Eighth Circuit Affirms Summary Judgment to Insurer in Dispute with Construction Project Owner Over Lost Rental Income
Tag: Construction Delays
Preventing and Overcoming Project Delays
Melissa Billig, Kenneth Block, Perry Chresomales, Brandon Reiner, Stuart Rosen and Hillel Sussman | Tannenbaum Helpern Syracuse & Hirschtritt The key to the timely completion of a construction project is the preparation and maintenance of a comprehensive project schedule utilizing the critical path method (CPM) of scheduling. Preparation of a CPM schedule requires that all… Continue reading Preventing and Overcoming Project Delays
What Every Project Participant Needs to Know About Delay Claims
Andrew G. Vicknair | The Dispute Resolver A “delay” on a construction project is defined as the stretching out of the time for completion of certain key milestone scopes of work which can impact the completion date of an entire project, due to some circumstances or events that were not reasonably anticipated when the project… Continue reading What Every Project Participant Needs to Know About Delay Claims
Incorporating Excusable Delays Into Firm Fixed-Price Subcontracts May Create Liability
Richard Dean Holzheimer and Kang He | McGuireWoods In L3Harris Maritime Services, Inc f/k/a L-3 Unidyne, Inc. v. BAE Systems, Norfolk Ship Repair Inc., U.S. Magistrate Judge Robert Krask from the Norfolk Division of the Eastern District of Virginia recently held that, even in a firm fixed-price contract, requiring a subcontractor to maintain its contractually agreed-upon… Continue reading Incorporating Excusable Delays Into Firm Fixed-Price Subcontracts May Create Liability
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?