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: Liquidated Damages
Liquidated Damages: Protecting Contractors When Global Supply Chains Break
Richard Whiteley and Phillip L. Sampson, Jr. | Bracewell To ensure liquidated damages clauses are both enforceable and equitable, construction professionals should work closely with legal counsel to craft provisions that include clear, adequate checks to prevent overreach or ambiguity. Supply-chain disruptions in construction and other industries are no longer aberrations and are now viewed… Continue reading Liquidated Damages: Protecting Contractors When Global Supply Chains Break
Legal Insight: Key Rulings on Construction Delays and Liquidated Damages
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
Legal Insight: Key Rulings on Construction Delays and Liquidated Damages
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
Weathering the Storm—Part 1: Understanding Liquidated and Consequential Damages in Construction Contracts
Patrick Kelly and Kendall Hudgins | Gray Reed When project delays occur due to natural disasters, the financial implications can be severe. Construction stakeholders often focus on immediate physical damages while overlooking the potentially devastating impact of liquidated and consequential damages provisions. Understanding these crucial contract elements before disaster strikes can mean the difference between… Continue reading Weathering the Storm—Part 1: Understanding Liquidated and Consequential Damages in Construction Contracts