News & Analysis as of

Damages Contract Terms Construction Litigation

Bradley Arant Boult Cummings LLP

Yes, Damages for Delay: Court Permits Delay Damage Claim to Proceed

A federal court in upstate New York is permitting a subcontractor’s delay claim to proceed notwithstanding a “no damages for delay” provision in the subcontract. The case, The Pike Company, Inc. v. Tri-Krete, Ltd., involves...more

Gray Reed

Disrupted Operations – Owners Beware! – Part 2 (DAMAGES)

Gray Reed on

Liquidated damages are intended to provide predictability to the owner and contractor as to the financial consequence of not completing a project in a timely manner. Since liquidated damages are intended to compensate the...more

Snell & Wilmer

Recent Colorado Appeals Court Decision Provides Further Guidance on the Colorado Economic Loss Rule Doctrine

Snell & Wilmer on

In the recent decision of Veolia Water Tech., Inc. v. Antero Treatment LLC, 2024 COA 126 (Colo. App. 2024), the Colorado Court of Appeals addressed the “murky” application of the economic loss rule to the intentional tort of...more

Davis Wright Tremaine LLP

From Confusion to Clarity: A Guide to Handling Concurrent Delays in Construction Projects

Over the years, general contractors and commercial developers have debated their rights during a concurrent delay. When a concurrent delay happens, the question arises: should the general contractor receive a) an extension of...more

Bradley Arant Boult Cummings LLP

Lost Productivity Damages in Construction: The Modified Total Cost Method

Here at Bradley we frequently represent clients pursuing or opposing claims for lost productivity on construction jobs. The gist of those claims is that something happened which decreased productivity and thereby increased...more

Bradley Arant Boult Cummings LLP

Court Rejects Contractor’s Claim That COVID-19 Rendered Performance Impossible

A fundamental premise of contract law is that promises must be kept. If legally enforceable promises or “contracts” are not kept, courts may step in to enforce them by ordering performance, awarding damages, or granting some...more

Bradley Arant Boult Cummings LLP

Liquidated Damages Disproportionate to Actual Damages Deemed Unenforceable

Construction contacts often include provisions that provide for pre-determined or “liquidated” damages in the event of a breach. Such provisions can provide certainty to the parties as to the consequences of a breach and can...more

Bricker Graydon LLP

[Ongoing Program] Specific Claims – Changes in Project Design and Scope, Preconstruction - November 18th, 12:00 pm - 1:00 pm EST

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19th Annual Top Gun Premier Midwest Construction Claims Webinar Series - Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event...more

Bricker Graydon LLP

[Ongoing Program] Specific Claims – Cost-Plus Pricing Disputes - November 10th, 12:00 pm - 1:00 pm EST

Bricker Graydon LLP on

19th Annual Top Gun Premier Midwest Construction Claims Webinar Series - Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event...more

Bricker Graydon LLP

[Ongoing Program] Specific Claims – Defective and Non-Conforming Work - November 4th, 12:00 pm - 1:00 pm EST

Bricker Graydon LLP on

19th Annual Top Gun Premier Midwest Construction Claims Webinar Series - Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event...more

Bricker Graydon LLP

[Ongoing Program] Strategies for Dealing with Claims – Project Schedule - October 28th, 12:00 pm - 1:00 pm EST

Bricker Graydon LLP on

19th Annual Top Gun Premier Midwest Construction Claims Webinar Series - Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event...more

Bricker Graydon LLP

[Ongoing Program] Specific Claims – Unforeseen Site Conditions - October 21st, 12:00 pm - 12:45 pm EST

Bricker Graydon LLP on

19th Annual Top Gun Premier Midwest Construction Claims Webinar Series - Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event...more

Bricker Graydon LLP

[Ongoing Program] Strategies for Dealing with Claims – Project Documentation - October 14th, 12:00 pm - 12:30 pm EST

Bricker Graydon LLP on

19th Annual Top Gun Premier Midwest Construction Claims Webinar Series - Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event...more

Bricker Graydon LLP

[Ongoing Program] Strategies for Dealing with Claims – Insurance and Bonds - October 7th, 12:00 pm - 12:50 pm EST

Bricker Graydon LLP on

19th Annual Top Gun Premier Midwest Construction Claims Webinar Series - Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event...more

Bricker Graydon LLP

[Ongoing Program] Beginning a Project – Decision Points - September 29th, 12:00 pm - 1:15 pm EST

Bricker Graydon LLP on

19th Annual Top Gun Premier Midwest Construction Claims Webinar Series - Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event...more

Bricker Graydon LLP

Ohio appellate court awards consequential damages for contractor’s failure to achieve substantial completion due to recklessness

Bricker Graydon LLP on

When a contractor indicated indifference to executing a project on schedule and failing to meet the substantial completion date, an Ohio appellate court found that the contractor’s actions constituted recklessness and, based...more

Buchalter

Pre-Bid Documents and Estimates Can’t Be Hidden Behind the Curtain in Disputed Delay Claims

Buchalter on

In WDF, Inc. v. City of New York,  No. 652478 (N.Y. Sup.) (Mar. 12, 2021), the contractor filed suit to recover damages from the City on numerous combined waste water treatment projects.  The contractor claimed that the City...more

Bricker Graydon LLP

[Webinar] Specific Claims – Changes in Project Design and Scope, Preconstruction - November 19th, 12:00 pm - 1:00 pm EST

Bricker Graydon LLP on

Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract...more

Bricker Graydon LLP

[Webinar] Specific Claims – Cost-Plus Pricing Disputes - November 12th, 12:00 pm - 1:00 pm EST

Bricker Graydon LLP on

Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract...more

Bricker Graydon LLP

[Webinar] Specific Claims – Defective and Non-Conforming Work - November 5th, 12:00 pm - 1:00 pm EST

Bricker Graydon LLP on

Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract...more

Bricker Graydon LLP

[Webinar] Strategies for Dealing with Claims – Project Schedule - October 29th, 12:00 pm - 1:00 pm EST

Bricker Graydon LLP on

Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract...more

Bricker Graydon LLP

[Webinar] Specific Claims – Unforeseen Site Conditions - October 22nd, 12:00 pm - 12:45 pm EST

Bricker Graydon LLP on

Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract...more

Bricker Graydon LLP

[Webinar] Strategies for Dealing with Claims – Project Documentation - October 15th, 12:00 pm - 12:30 pm EST

Bricker Graydon LLP on

Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract...more

Buchalter

No Longer in the Dark: A Primer on the Distinction between Delay and Disruption Damages in a Construction Dispute

Buchalter on

If you are left in the dark about something, you don’t have the information you should have to make an informed decision. Delay claims on a construction can be confusing, especially when you think about the delay to the work...more

Bricker Graydon LLP

[Webinar] Strategies for Dealing with Claims – Insurance and Bonds - October 8th, 12:00 pm - 12:50 pm EST

Bricker Graydon LLP on

Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract...more

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