It happens all the time! The owner-contractor agreement contains a “no damages for delay” clause; a clause requiring that all changes be in writing before work is performed; and a clause requiring partial lien waivers and releases with each periodic payment. And yet we see a claim for delays and extras filed at the end
No Longer in the Dark: A Primer on the Distinction between Delay and Disruption Damages in a Construction Dispute
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 being performed and the disruption to other activities. A few years ago, I found a
Make Up Your Mind Mother Nature: Construction Law and Weather Delays
My children have been mad at Mother Nature over the past month. One day … jeans, turtle necks and jackets. The next day … shorts and flip-flops. At least in the South we have not had to deal with 30 inches of snow like on the East Coast. That kind of weather can cripple a
State Football Playoffs: Excusable Delay on Construction Project?
College football in the Midwest. No further comment needed. So it should come as no surprise to see that a construction project in Mishawaka, Indiana was "postponed" as the local football team advanced to the state playoffs.
Although the school’s request to hold off the work crews affected construction for only a few days—and there
Construction Management Tip: Fix Problem Now, Point Finger Later
When my kids break something in the house, they immediately begin pointing the finger at the "alleged" responsible actor. In the construction world, many times you will need to fix the problem first and then point the finger later.
I read an article today by Jack Broom in the Seattle Times that illustrates this point. The incident involved