by Kent Holland | Mar 15, 2024 | Newsletter Article
Subcontractor had a lump sum multimillion dollar contract. A “no damages for delay” in the contract stated that the Subcontractor recognized the potential for its Work to be delayed by others and would not be compensated for any costs caused by such delay unless the...
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...
by Kent Holland | Apr 25, 2016 | Newsletter Article
Gail S. Kelley, J.D., P.E. ConstructionRisk, LLC The plaintiff in this case, Barr Incorporated, was the general contractor (GC) on a project in Berlin, Massachusetts. After being terminated from the project based on a certification from the Architect, the GC sued the...
by Kent Holland | Sep 1, 2015 | Newsletter Article
Kent Holland, J.D. ConstructionRisk, LLC Where a contractor was late in performance, a town terminated the contract for convenience and subsequently claimed liquidated damages (LDs) against the contractor. Both the trial court and appellate court concluded that the...
by Kent Holland | Mar 28, 2012 | Newsletter Article, time limits
Where a general contractor failed to follow contract procedures to submit a time extension request, a city was entitled to collect liquidated damages from the contractor despite the fact that the city caused the delay. Since the contractor failed to follow the...
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