Delay Damages - Lamson Dugan & Murray LLP

16 Sep, 2020

Damages for Delays and Disruptions on the Project—How do you recover them?

Craig Martin2020-09-12T11:20:37-05:00September 16th, 2020|Construction Contractor Advisor, Construction Damages, Construction Delays, Delay Damages|

Construction projects around the country are experiencing delays. These delays can lead to extended general conditions, idle labor and equipment costs, material cost escalation, and de-mobilization and re-mobilization costs. But, how do you recover those damages? Notice The first step to recovering delay damages is to provide notice. But, your notice has to be timely and it has to follow the requirements of the contract. So, review the contract and [...]

18 Mar, 2020

Is the Coronavirus Infecting Your Construction Schedule?

Craig Martin2020-03-27T14:16:40-05:00March 18th, 2020|Construction Claims, Construction Contractor Advisor, Construction Contracts, Construction Damages, Construction Delays, COVID Construction, COVID-19, Delay Damages|

We are all feeling the impact of the Corona virus, either because we or someone we know has been exposed or it is causing changes to our schedules. Have you given any thought about how the schedule on your project will be impacted? This could come in the way of a reduced labor force or scarcity of building materials. Perhaps it’s time to look at your contract to see how [...]

22 Jan, 2020

Scheduling on Construction Projects

Craig Martin2020-01-18T12:53:43-06:00January 22nd, 2020|Construction Contractor Advisor, Construction Contracts, Delay Damages|

The schedule on construction projects is often as important as the budget. So, when I read an article that identifies significant problems with a project, but specifically notes that the general contractor says that the problems will not create any delays, I often wonder if the parties are being realistic. I also wonder whether the subcontractors will be forced to work extra time to make up the schedule. ENR recently [...]

28 May, 2019

Dinosaur Bones Discovered on Work Site—What?

Craig Martin2019-05-23T08:15:31-05:00May 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?

Craig Martin2012-10-25T08:00:17-05:00October 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?

Craig Martin2012-05-08T09:35:56-05:00May 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 [...]