David J. Pfeffer, Sean T. Scuderi, Eric Zipkowitz and Brian J. Markowitz | Tarter Krinsky & Drogin Construction delay damages are a frequent source of dispute on construction projects. When delays occur, owners and contractors often seek to recover increased costs, extended general conditions, lost productivity, and, in some cases, lost profits. To succeed on… Continue reading Addressing Damages for Delay Contractually
Tag: Delay Damages
Time is Money on Construction Projects and Categories of Delay
David Adelstein | Florida Construction Legal Updates As we know on construction projects, the adage “time is money” always applies. It applies to contractors just as much as owners. If a project is delayed, a contractor incurs additional overhead costs known as general conditions and general requirements which are driven by time. Similarly, an owner experiences its own delay… Continue reading Time is Money on Construction Projects and Categories of Delay
Unlocking the Secrets to Smooth Construction: Legal Solutions for Delay Challenges
Boris Peyzner | Mandelbaum Barrett Time extension provisions, liquidated damages clauses, and dispute resolution mechanisms are just some of the important ways that skilled construction attorneys can help address delays that inevitably occur on almost every construction project. Construction projects can often encounter unexpected delays that can lead to significant financial and legal consequences. Delays… Continue reading Unlocking the Secrets to Smooth Construction: Legal Solutions for Delay Challenges
General Contractor’s Unjustified Threats to Assess Delay Damages Against Subcontractor are a Material Breach of Contract
Luke Nicholas Eaton | Pepper Hamilton LLP | October 11, 2018 Randy Kinder Excavating, Inc. v. JA Manning Constr. Co. 2018 U.S. App. LEXIS 21878 (8th Cir. Aug. 7, 2018) This dispute arose from a contract to build a pumping station in Arkansas (the “Project”). In June of 2010, the U.S. Army Corps of Engineers… Continue reading General Contractor’s Unjustified Threats to Assess Delay Damages Against Subcontractor are a Material Breach of Contract
Contractor’s Failure to “Strictly Comply” With Notice Provision Precludes Contract Damages Award
Traub Lieberman Straus & Shrewsberry LLP | August 1, 2016 In the New York case of Schindler Elevator Corporation v. Tully Construction Co., Inc., 139 A.D.3d 930 (2d Dep’t 2016), the plaintiff sought recovery of additional expenses and costs it allegedly incurred as a result of delays in construction attributable to other entities at the… Continue reading Contractor’s Failure to “Strictly Comply” With Notice Provision Precludes Contract Damages Award