Chris Broughton | ConsensusDocs Introduction: Under a no-damage-for-delay clause, the owner is not liable for any monetary damages resulting from delays on the project. In lieu of monetary recovery, the contractor’s remaining remedy is a non-compensatory time extension. These clauses are common at the contractor-subcontractor interface as well. While no-damage-for-delay clauses are enforced in most… Continue reading No Damage for Delay? No Problem: Exceptions to the Enforceability of No Damage for Delay Clauses
Tag: Construction Delays
Who Owns the Project’s ‘Float,’ and What Should Be Done About It?
David A. Cox | Stoel Rives The coined phrase “time is money” especially applies in the construction industry. Construction participants go to great lengths to build their projects on time and avoid delay costs. To facilitate timely project completion, construction schedulers create sophisticated project schedules utilizing the critical path method (CPM). CPM scheduling identifies the… Continue reading Who Owns the Project’s ‘Float,’ and What Should Be Done About It?
Standard for Evaluating Delay – Directly from an Armed Services Board of Contract Appeal’s Opinion
David Adelstein | Florida Construction Legal Updates Sometimes, it is much better to hear it from the horse’s mouth. That is the case here. The Armed Services Board of Contract Appeal’s (ASBCA) opinion in Appeals of -GSC Construction, Inc., ASBCA No. 59402, 2020 WL 8148687 (ASBCA November 4, 2020) includes an informative discussion of a contractor’s… Continue reading Standard for Evaluating Delay – Directly from an Armed Services Board of Contract Appeal’s Opinion
ASBCA Holds That Anticipated Days Of Adverse Weather Do Not Decrease Delay Damages
Maria Panichelli | Obermayer Rebmann Maxwell & Hippel Many construction contractors working with the United States Army Corps of Engineers (USACE) have seen it happen: they experience a government-caused delay or suspension, which USACE agrees to pay for, but then USACE deducts the anticipated adverse weather days stated in the contract for the delay period… Continue reading ASBCA Holds That Anticipated Days Of Adverse Weather Do Not Decrease Delay Damages
Difficult Task for Court to Analyze Delay and Disorder on Construction Project
David Adelstein | Florida Construction Legal Updates One of my favorites quotes from a case, and I am sure others in the construction industry feel the same way or can relate, is from the District of Columbia Court of Appeals in Blake Construction Co., Inc. v. C.J. Coakley Co., Inc., 431 A.2d 569, 575 (D.C. 1981):… Continue reading Difficult Task for Court to Analyze Delay and Disorder on Construction Project