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

A Myth About Delay – Revisited

Vernon Howerton | Texas Construction Law Blog | November 15, 2017 Construction lawyers routinely deal with delay claims. I have presented or defended more of them than I can remember.  That is why I was curious when, earlier this year, I received a series of email invitations to presentations on the use of “concurrent delay”… Continue reading A Myth About Delay – Revisited

Concurrent Delay – A Potent Defense For Owners and Contractors

Mary Caroline Bubnovich | Smith Currie & Hancock | January 5, 2017 Concurrent delay is the construction equivalent of offsetting penalties in football. If both parties to a dispute involving delay damages are partially responsible for the delay, neither recovers damages. The principle of concurrent delay is not a new one. It is a concept… Continue reading Concurrent Delay – A Potent Defense For Owners and Contractors

Concurrent Delay: Clearing Up the Confusion Over “Apportionment” in Construction Litigation

Joseph E. Finley, Andrew D. Ness, Kevin O’Brien, Esha Mankodi, Christopher N. Thatch and Elizabeth M. Walsh | Jones Day | May 2016 Whether a period of concurrent delay properly may be “apportioned” between the parties to a construction contract was a key issue recently in a major construction dispute. Jones Day represented the owners… Continue reading Concurrent Delay: Clearing Up the Confusion Over “Apportionment” in Construction Litigation

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