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
Tag: Liquidated Damages
Proving Impacts to Critical Path to Defeat Liquidated Damages Assessment
David Adelstein | Florida Construction Legal Updates When a contractor is staring down the barrel of an owner’s assessment of liquidated damages, the burden will fall on the contractor to establish that the delay was attributable to the owner and the owner’s agents. The contractor will want to do this not only to defeat the… Continue reading Proving Impacts to Critical Path to Defeat Liquidated Damages Assessment
Maximizing Recovery of Liquidated Damages
Jessica E. Sabbath | King & Spalding | January 9, 2019 During construction and commissioning of large-scale energy projects, every day of delay or failure to meet plant performance requirements can result in the owner incurring substantial damages. Indeed, power industry owners can incur damages such as additional financing and administrative costs, in addition to… Continue reading Maximizing Recovery of Liquidated Damages
Who Says You Can’t Choose Between Liquidated Damages or Actual Damages?
Kevin Walton | Snell & Wilmer | October 6, 2017 In Colorado, courts enforce liquidated damages provisions if three elements are satisfied: (1) the parties intended to liquidate damages; (2) the amount of liquidated damages was a reasonable estimate of the presumed actual damages caused by a breach; and (3) at the time of contracting,… Continue reading Who Says You Can’t Choose Between Liquidated Damages or Actual Damages?
Contractual Liquidated Damages Update 3.0
Philip J. Truax, Esq. | Wickens Herzer Panza Cook Batista | April 4, 2016 Several editions ago, we published an article relating to the Boone Coleman v. Village of Piketon case, which struck down a $278,000 liquidated damages award for construction delays because the amount was disproportionately high compared to the original contract value and amounted… Continue reading Contractual Liquidated Damages Update 3.0