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16 Sep, 2020

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

2020-09-12T11:20:37-05:00September 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 [...]

29 Apr, 2020

You’ve Received COVID-19 Notice of Delay—Now What?

2020-04-25T09:20:09-05:00April 29th, 2020|Construction Contractor Advisor, Construction Delays, Nebraska Construction|

The coronavirus is interrupting life as we know it, including construction projects.  Throughout the country, contractors are issuing notices of schedule delays and how you respond to such a notice will be crucial to protecting your rights under your contract.  Here are some topics to consider when reviewing a notice of delay. Review the Entire Notice This may seem obvious, but dig into the notice to fully understand the basis [...]

18 Mar, 2020

Is the Coronavirus Infecting Your Construction Schedule?

2020-03-27T14:16:40-05:00March 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 [...]

16 Aug, 2019

Will You Get Paid for Delays? No Damage for Delay Clauses Say No. 

2019-08-16T14:47:48-05:00August 16th, 2019|Construction Contractor Advisor, Nebraska Construction Law, No-damage-for-delay|

No-damage-for-delay Clauses are commonplace in construction contracts.  But, have you ever read one and wondered if they are enforceable?  Courts across the country have consistently enforced them and these clauses will severely limit your ability to recover damages caused by delays, even if the delays were not caused by you. What is a No Damage for Delay Clause A no-damage-for-delay clause is just that, a clause that explains that if [...]

23 Sep, 2014

Fundamental Fairness Trumps Contract Language

2018-04-23T23:55:13-05:00September 23rd, 2014|Construction Contractor Advisor, Construction Contracts|

The Texas Supreme Court recently ruled that a “no-damages-for-delay” clause would not be enforced where the delay was caused by the owner. The court’s ruling flies squarely in the face of the contract language that attempted to insulate the owner from any delay claims, even those it caused. In the case of Zachary Construction v. Port of Houston underlying contract, proposed by the Port of Houston, was heavy handed, to [...]

3 Aug, 2014

The Active Interference Exception to the No Damage for Delay Clause

2018-04-23T23:55:13-05:00August 3rd, 2014|Construction Contractor Advisor, Construction Litigation|

Most construction contracts contain a “no damage for delay” clause that generally prevents a contractor from demanding compensation for a late starting or otherwise delayed project. But, if the owner or is representative actively interferes with the project, a contractor may still recover damages for delays. The recent case of C & C Plumbing and Heating v. Williams County, out of North Dakota found the owner liable for delays even [...]

23 Apr, 2014

Mutually Agreeable Schedule Revisions–What Does that Mean?

2018-04-23T23:55:14-05:00April 23rd, 2014|Construction Contractor Advisor, Construction Contracts|

Imagine that you are on a job that is significantly delayed.  You tell the upstream contractor that performance at this late date will cost more money.  Instead of being offered more money, you are told that you have to "mutually agree" on a revised schedule.  How do you do that? One subcontractor in Oklahoma found out the hard way that walking off the job was not the answer. The case, [...]

24 Jan, 2013

No Damage for Delay Clauses–Contractor Beware

2013-01-24T10:00:15-06:00January 24th, 2013|Construction Contracts|

Are you reviewing the first contract of the New Year yet? If you are, I hope you are looking to see whether it contains a no damage for delay provision. These provisions are enforceable in Nebraska and can turn a viable project into a disaster. What is a no-damage-for-delay provision? Generally speaking , a no damage for delay provision places the risk of loss caused by a delay on the [...]

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 [...]

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