News & Analysis as of

Delays Construction Project

Bricker Graydon LLP

[Hybrid Event] 22nd Annual Top Gun Construction Claims Seminar - October 24th, Dublin, OH

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Bricker Graydon's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims seminar. This seminar will cover: - Important construction concepts, including key contract language, best...more

Davis Wright Tremaine LLP

Should Commercial Owners Require Liquidated Damages?

Commercial owners often capitulate when contractors hesitate to agree to liquidated damages for construction project delays. More often than not, owners should demand that contractors accept liquidated damages, in lieu of an...more

Bradley Arant Boult Cummings LLP

The Risk of Fighting on Two Fronts: Court Admits Evidence of General Contractor’s Claims Against Other Parties

The court in AECOM v. Flatiron is back at it issuing additional evidentiary rulings as the parties head to trial later this month. These latest rulings highlight the risk of seeking the same damages from multiple parties,...more

Mandelbaum Barrett PC

Unlocking the Secrets to Smooth Construction: Legal Solutions for Delay Challenges

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Time extension provisions, liquidated damages clauses, and dispute resolution mechanisms are just some of the important ways that skilled construction attorneys can help address delays that inevitably occur on almost every...more

Snell & Wilmer

A Contract Check Up for the Construction Industry

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We began the year discussing an insurance checkup for those working in the construction industry. Now, we are following up with a discussion of issues for a contract checkup, specifically for your ongoing long-term projects....more

Bricker Graydon LLP

[Hybrid Event] 21st Annual Top Gun Construction Claims Seminar - October 19th, Dublin, OH

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Bricker Graydon's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims seminar. This seminar will cover: - Important construction concepts, including key contract language, best...more

Bradley Arant Boult Cummings LLP

Grounds for Vacating an Arbitration Award Remain Extremely Limited

The Eleventh Circuit Court of Appeals issued a decision last week upholding an arbitral award, despite the failure of the arbitrators to make certain pertinent disclosures. The case involves an international arbitration...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Reiterates that ‘No-Damages for Delay Clauses are Enforceable and a Party Challenging Such Clauses Bears a...

The Commercial Division’s decision in Five Star Elec. Corp. v. Silverite Constr. Co. Inc. demonstrates the narrow scope, and strict interpretation, of no-damages for delay provisions in a contract. In Five Star, New York...more

Perkins Coie

Subway Construction Work Did Not Inversely Condemn Hotel Property

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A hotel owner brought a lawsuit against a county transportation authority and a general contractor for nuisance and inverse condemnation alleging that the construction of an underground subway line disrupted the operation of...more

J.S. Held

Builder's Risk - Measuring Delay

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Measuring delay from a loss under a builder’s risk insurance policy is perhaps the most complicated of all time element measures in the claims world. Setting aside the numerous complex issues of coverage, builders risk time...more

StoneTurn

The Importance of Proactive Construction Schedule Risk Management For Owners

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Construction projects require the constant balance of competing objectives of cost (budget), quality (scope), and time (schedule) – often referred to as the “project management triangle.” To meet the needs across this...more

Bricker Graydon LLP

[Event] 20th Annual Top Gun Construction Claims Seminar - October 13th, Dublin, OH

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

Robinson+Cole Construction Law Zone

A Liquidated Damages Provision Might Not Liquidate All Potential Damages

The purpose of a liquidated damages provision in a construction contract is to establish in advance a fair amount of compensation to the injured party for a breach of contract to avoid spending time and money fighting over...more

Hahn Loeser & Parks LLP

Delays in Critical Material for Bridge Contractors: Managing Risk Through Proactive Planning and Strict Adherence to Notice...

Supply chain interruptions are reaching critical levels and suspending work on projects. Shortages of bridge coating materials is the most recent area of concern and could be potentially catastrophic to unprepared contractors...more

J.S. Held

Builder’s Risk Claims & Renewable Energy: Wind & Solar

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Over the course of the last two decades renewable energy has been a subject that has found its way into discussion from the family dinner table to the top of global political initiatives and policies. It can at times be a...more

Cole Schotz

Is Your Contract Ready for the Ongoing Impact of COVID?

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The COVID-19 pandemic has lasted two years, and while offices, projects, and the rest of life begin to return to pre-pandemic normal, the construction material supply chain and costs have not. In fact, it appears as though...more

Snell & Wilmer

When Is A Project Delay Material and Actionable?

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Welcome to 2022! This year, the construction industry will undoubtedly reflect on the last two years as unprecedented times plagued by construction project delays. The COVID-19 pandemic contributed to suspension of work and...more

Gould + Ratner LLP

The Case for an Owner’s Representative

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The Need for Owners to React in Real Time to Project Changes Caused by Supply Chain Interruptions, Skyrocketing Material Increases and Labor Shortages - A construction project is a marathon and not a sprint. Rushing...more

Stoel Rives -  Ahead of Schedule

Don’t Overlook a Contract’s Liquidated Damages Provision

We’ve written before about contractual provisions that sometimes go unnoticed or unappreciated. Another such provision is a “liquidated damages” provision. Liquidated damages are a way to agree beforehand to the amount of...more

White & Case LLP

Extensions of time in construction projects: prospective or retrospective delay analysis?

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Contractors' extension of time (EOT) entitlements and associated financial rights are always to be assessed pursuant to the applicable contract mechanism. A recurring question is whether EOT entitlements are to be determined...more

Stoel Rives -  Ahead of Schedule

Who Owns the Project’s ‘Float,’ and What Should Be Done About It?

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,...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

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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

Bradley Arant Boult Cummings LLP

Assumptions Will Make a Fool out of You and the Reasonableness of your Delay-Related Costs Claim

Author(s) Sydney M. Warren In one of its recent opinions, Kellogg Brown & Root Services, Inc. v. Sec’y of the Army, the Federal Circuit issued new guidance on what contractors must show to prove the reasonableness of costs...more

Bricker Graydon LLP

[Ongoing Program] Specific Claims – Defective and Non-Conforming Work - November 4th, 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

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