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No-Damage-For-Delay Clause Enforced Even If Delay Caused by Owner’s Breach of Contract and Arbitrary Actions

by Kent Holland | Mar 29, 2013 | Newsletter Article

Where a jury awarded a contractor approximately $19 million for delay and impact costs caused by actions of the project owner (including breach of contract), the judgment was reversed on appeal.  Also, an award of $10.5 Million attorneys fees was granted to the Owner...

Damages Not Recoverable Where Homeowner Failed to Prove the Reasonableness of Remedial Damages Incurred or the Difference-In-Value Damages

by Kent Holland | Dec 28, 2012 | Newsletter Article

Although construction defects caused water leaks that resulted in mold growth that required major remediation of a newly constructed house, the homeowner was denied damages by a court because it failed to prove that the remediation costs it paid were reasonable, and...

Plaintiff Only Entitled to Damages That It Would Incur if it had Mitigated its Loss

by Kent Holland | Jul 20, 2012 | Newsletter Article

Where a developer purchased property in reliance on an architect’s erroneous advice and incorrect plans that six new floors could be added to an existing building consistent with the applicable zoning laws, it could only recover damages actually incurred as a...

Design-Build Team Guarantees Energy Performance on GSA Project

by Kent Holland | Jun 5, 2012 | Newsletter Article

By Suzanne H. Harness, J.D., AIA An article published in Engineering New-Record (ENR) on May 14, 2012 under the title “Fee Holdback Raises Eyebrows” has indeed drawn attention.  The article explains that the design-build team on a U.S. General Services Administration...

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

by Kent Holland | Apr 26, 2012 | Newsletter Article

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...
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