As parents of seven young children, my wife and I work hard to keep order, and schedules, and boundaries, and rules for daily activities. So when Courtney and I went out of town last month, the kids (and their sitters) did not have same order, schedule, boundaries, and rules for an entire week. Our return
Can a Subcontractor Recover When Delays Are Caused by Another Subcontractor?
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
Improper or Deficient Site Investigation Can Cause Problems
Owners typically retain a geotechnical consultant, either directly, or indirectly though the designer. Either way, the number of borings the geotechnical consultant will take is often dependent on the funding available. It should be noted that the fewer the number of soil borings taken, the less likely that those taken will indicate properly the site
Recovering Loss of Productivity Through Measured Mile Analysis
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
What Type of Schedule Analysis Should be Performed in Construction Delay Claims?
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?
Severin Doctrine: It’s Another Name for “Pass-Through-Plus” Claims
A contractor’s recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. The Severin doctrine provides that a general contractor cannot sue an owner on behalf of one of its subcontractors to recover monies due to the subcontractor unless the general contractor is itself liable to the subcontractor.
The Background.
No Damages for Delay: What It Means and What Can You Do
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
End of the Road for One Highway Contractor’s Claim
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