Amandeep Kahlon | Bradley Arant boult Cummings A delay is “concurrent” is a delay to the critical path of the project caused by multiple events not exclusively controlled by one party. If you are impacted by a delay to the critical path that was not within your control but are responsible for another overlapping delay to… Continue reading The Claim Process – Concurrent Delays: Understanding the Impact on Delay Claims
Tag: Concurrent Delay
Contractor’s Burden When It Comes To Delay
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
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
Can Negotiated Terms in Construction Agreements Reduce Uncertainty Surrounding Concurrent Delay?
Regan Schmidt | Taft Stettinius & Hollister Concurrent delay is a frequently litigated construction claim. These types of cases tend toward both the complex and constructively technical. It may then come as a surprise that despite the prevalence of lawsuits, a majority of construction contracts fail to directly address concurrent delay in a project. The… Continue reading Can Negotiated Terms in Construction Agreements Reduce Uncertainty Surrounding Concurrent Delay?
Concurrent Delay: Surety—Standing in the Shoes of Subcontractor—Is Barred From Asserting Defense of Concurrent Delay Because Subcontractor Failed to Seek a Time Extension as Required by the Subcontracts
Michelle Beth Rosenberg | Pepper Hamilton LLP | November 20, 2018 Fid. & Deposit Co. of Md. v. Travelers Cas. & Sur. Co. of Am., 2018 U.S. Dist. LEXIS 162265 (D. Nev., September 21, 2018) Clark County School District (“CCSD”) hired Big Town Mechanical (“Big Town”) as general contractor to perform HVAC upgrades at five… Continue reading Concurrent Delay: Surety—Standing in the Shoes of Subcontractor—Is Barred From Asserting Defense of Concurrent Delay Because Subcontractor Failed to Seek a Time Extension as Required by the Subcontracts