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: Liquidated Damages
Issues Impacting Enforceability of Liquidated Damages in Construction Contracts
Luke Tompkins | Ward and Smith Liquidated damages provisions are common in construction contracts to guard against damages that the owner or a contractor might suffer if a project is delayed beyond the completion date set forth in the contract. These provisions appear in both public and private construction contracts. Oftentimes, the owner of a… Continue reading Issues Impacting Enforceability of Liquidated Damages in Construction Contracts
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
Reasonableness of Liquidated Damages Determined at Time of Contract (or, You Can’t Look Back Again)
Christopher G. Hill | Construction Law Musings I’ve discussed the continuing litigation between White Oak Power Constructors v. Mitsubishi Hitachi Power Systems Americas, Inc. previously here at Construction Law Musings because the case was another reminder that your construction contract terms matter and will be interpreted strictly here in the Commonwealth of Virginia. The prior opinion in this case from the… Continue reading Reasonableness of Liquidated Damages Determined at Time of Contract (or, You Can’t Look Back Again)
Mutual or Concurrent Delay Caused by Subcontractors
David Adelstein | Florida Construction Legal Updates How are delay damages treated when two subcontractors cause a mutual or concurrent delay to the project? Assume multiple subcontractors concurrently contributed to an impact to the critical path resulting in a delay to the project. The delay caused the prime contractor to: (1) be assessed liquidated damages from the owner and (2) incur extended… Continue reading Mutual or Concurrent Delay Caused by Subcontractors