This past week, I came home to a complete mess in our backyard—it was littered with debris, trash, plates and utensils, and overturn patio furniture. My instruction to the kids yesterday morning was stern: “Clean up this mess by the time I get home…or else!”
One kid fixed the furniture in 15 minutes. One kid
Recovery for unreasonable delays caused by others can be based upon a breach of an implied obligation not to hinder or delay the other party’s performance. Wow, that’s a mouthful! Let’s look at an example.
In Foster & Creighton Company v. Wilson Contracting, the Tennessee Court of Appeals reviewed a case involving a project
As a general proposition, if the owner delays the prime contractor by not performing its contractual obligations, the prime contractor is entitled to relief, including damages for delay or extensions of time. This is actually a rather common situation and most contracts contain clauses and provisions that govern such occasions. But what happens when the
You don’t need to go any further than this Washington Post article to read about a delayed construction project where the parties are passing blame back and forth. The Silver Spring Transit Center is reported to be two years behind schedule and suffering from significant cost increases. No doubt the dispute will be resolved in
It almost goes without saying that if you have to pursue or defend a delay claim, you are going to need some evidence (whether by expert or otherwise) to establish or to challenge entitlement to the damages sought. Today’s post identifies some best practices in this area.
Continue Reading What Type of Schedule Analysis Should be Performed in Construction Delay Claims?
As a construction contractor, your work can be delayed for reasons beyond your control. If this happens, you want to know that you can recover your losses for additional labor, extended overhead, and other monetary damages. Would it surprise you to learn that you may have waived that right in your contract?
In the recent
Words matter. Yesterday, the Supreme Court of Tennessee released its decision in a construction dispute between Ray Bell Construction Company and the Tennessee Department of Transportation. Where the contractor won the first two rounds at the trial court and intermediate appellate court levels, TDOT prevailed in the final appeal.
The Dispute. The primary issue in
Yesterday, highway and bridge contractors in Tennessee received an alert from from TDOT officials about the affect of heavy rain in the area: "I’m sure most are aware of the anticipated rise in the Mississippi River, but could you please share with all that are working in the Mississippi River area and the backwater areas
Last week was crazy for me! Not only did I have more meetings than one could fit in the work week, but we had to find alternative overnight plans for our six children for an out-of-town law firm event. Just like a construction project, we had to deal with the "ripple effect" of many changes
I woke up very early this morning so that I could get a jump start on all the work projects that need to get done before the Thanksgiving weekend. As I tiptoed down the hallway, the rumbling little snores of 6 children made me smile. Yep, I am thankful for many things … but especially