Zack Kilgore and Muhammad Khedr | GAR In summary This article addresses key considerations to be taken when trying to identify and evaluate concurrent delay on construction projects. Discussion points Referenced in this article Considerations for dealing with concurrent delays Introduction Construction projects notoriously suffer delays. Anyone who has worked on a construction project of… Continue reading Concurrent Delay in the Complex World of Construction Projects
Month: July 2024
Second Circuit Affirms Win for General Contractor on No Damages for Delay Provision
Bill Wilson | Robinson+Cole In NASDI, LLC v. Skanska Koch Inc. Kiewit Infrastructure Co. (JV), 2024 WL 1270188 (2d Cir. Mar. 26, 2024), the U.S. Court of Appeals for the Second Circuit affirmed the District Court’s grant of summary judgment dismissing a subcontractor’s delay claim against a general contractor on a public project in New York… Continue reading Second Circuit Affirms Win for General Contractor on No Damages for Delay Provision
To Pay or Not to Pay “Rip and Tear” Damages
Martin Shaw and Kenneth Stallard | Carr Maloney Should a contractor’s Commercial General Liability (CGL) insurance policy cover the expense of uncovering defective work causing damage to the owner’s property as well as the costs of exposing or accessing damaged building elements in need of repair as a result of the contractor’s defective work? For… Continue reading To Pay or Not to Pay “Rip and Tear” Damages
Young Lawyers: Raising the Bar – Preventing and Defending Bad Faith Lawsuits
Kevin Kelly | DRI Bad Faith in Context Bad faith most commonly arises in one of three different contexts: (1) in a claim that an insured brings against its own insurer; (2) in a claim that a third-party makes against a policyholder that an insurer is asked to defend and indemnify; and (3) when a… Continue reading Young Lawyers: Raising the Bar – Preventing and Defending Bad Faith Lawsuits
Delays and Suspension of the Work Under Fixed Price Government Contract
David Adelstein | Florida Construction Legal Updates Here is an interesting fact pattern and case decided by the Civilian Board of Contract Appeals dealing with (1) force majeure type events and epidemics (Covid-19); (2) suspension of the work; and (3) delays. These are three topics important to all contractors including federal contractors. In Lusk Mechanical Contractors,… Continue reading Delays and Suspension of the Work Under Fixed Price Government Contract