Schedule Archives | Construction Risk

No-Damages-For-Delay Clause Enforced Even When Owner and Other Contractors Caused Delay

A no-damages-for-delay clause was held to prevent a contractor from recovering damages for delays even where there was evidence that poor planning and administration by the project owner contributed to delay and there was evidence that work by other contractors adversely impacted the schedule.  This case involved a suit by a contractor against the Dormitory […]

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Proving Constructive Acceleration Claims Can be Difficult for Contractors

By: Katz & Stone When claiming entitlement to cost for constructive acceleration, contractors must prove that any time extensions received were inadequate to remedy their excusable delays.  Time extensions do not have to be granted immediately, and the mere failure to grant extensions does not, by itself, constitute constructive acceleration so long as the procedures […]

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