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CPM Schedule is Required in order to Prove Delay Claim. Jury Verdict Method Approved for Measuring Damages in Absence of Detailed Documentation

by Kent Holland | Mar 20, 2020 | Newsletter Article

A contractor filed a request for equitable adjustment (REA) to the District of Columbia (D.C.) government asserting that the District caused $1.2 million in delay and impact costs, and other damages arising out of a road reconstruction project. It appealed a deemed...

Economic Loss Doctrine did not bar a Contractor’s Negligent Misrepresentation Claim against Architect Seeking Indemnity against Subcontractor Delay Claim

by Kent Holland | Dec 13, 2017 | economic loss doctrine, Newsletter Article

Where a subcontractor sued the prime contractor based in part on delay claims, the prime filed a third-party complaint against the project owner and the architect seeking indemnity. The court held that the architect owed the contractor a duty of care and that the...

“No-Damages-for-Delay” Clause Enforced Even If Project Ineptly Planned and Managed

by Kent Holland | Feb 20, 2017 | Newsletter Article

Subcontractor filed a complaint for delay damages allegedly caused by the project owner and construction manager’s inept administration and poor administration. Defendants’ motion for summary judgment was granted, and this was affirmed on appeal, on the basis that the...

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