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28 May, 2019

Dinosaur Bones Discovered on Work Site—What?

2019-05-23T08:15:31-05:00May 28th, 2019|Construction Contractor Advisor, Construction Contracts, Delay Damages|

What if you came across dinosaur bones on the work site like they did on a project in Denver, Colorado?  Would you get extra time to complete the work?  What does the construction contract allow? Let’s play out that scenario. You reach out to your local construction lawyer and inform him that your project has been delayed because you came across dinosaur bones.  After he stops giggling about the situation, [...]

25 Oct, 2012

Are you Complying with Notice of Delay Provisions?

2012-10-25T08:00:17-05:00October 25th, 2012|Delay Damages|

Construction Contracts often contain Notice of Delay provision through which one party can complain to the other that the work is being delayed due to the other's conduct. While these provisions can allow a party to recover increased costs caused by another's delay, you must be careful to follow all the requirements of these provisions. A recent case out of Texas highlights two issues often faced with Notice of Delay [...]

8 May, 2012

Can you be Liable for Delay Damages Caused by a Substitute Contractor?

2012-05-08T09:35:56-05:00May 8th, 2012|Delay Damages|

A general contractor may be held liable for delays, even after the general has been terminated.  In a recent Missouri case, an owner terminated a general contractor for cause, and the owner then demanded that the terminated general contractor pay for delay damages caused by the replacement general contractor’s subcontractor. The court ultimately held that delay damages could be recovered even after the general was terminated from the project. In [...]