Archives: Delays and inefficiencies

Subscribe to Delays and inefficiencies RSS Feed

Contract Barred Recovery of Lost Productivity Damages Suffered by Contractor

Construction projects are no stranger to delays and the inevitable resulting disputes. To allocate such risks, parties frequently include no damage for delay causes in their contracts. These provisions commonly provide that in the event of a delay the contractor’s remedy is limited to an extension of time. Given that there are often multiple causes … Continue Reading

Recipe for a Project Bankruptcy: Part 2
The Contractor in Bankruptcy Through the Lens of the Owner

My last article examined strategies for construction managers facing an owner bankruptcy. Now, looking through the lens of the owner, let’s examine best practices when it is the contractor who has filed for bankruptcy. Throughout New England and the United States the construction industry continues to thrive with several new projects underway and on the … Continue Reading

Limitations of Liability – Scenario 3: Pay if Paid and Flow Through Clauses

I suppose that it is apropos that I have been delayed in writing this  final piece in the four-part Limitations of Liability series, relating to subcontract pay if paid and flow through clauses.  Being more than one step removed from a project’s funding source, subcontractors are used to being dealt with last, and only after … Continue Reading

Judges Imposing Personal Liability on Scofflaws

As the recession recedes, courts are busy sifting through the remnants of construction projects that were impacted by the hard times we all faced.  Shady deals and disreputable conduct often come to light in times like this, and can present opportunities for judges to hold bad actors personally accountable for unscrupulous behavior, under the right … Continue Reading

Limitations of Liability— Scenario Two: No Damages for Delay Clauses

This is the third post in the four-part series “Limitations of Liability—The Elephant in the Room.” Owners often attempt to limit their liability to contractors through what is commonly known in the construction industry as a “no damages for delays” clause.  Much like waivers of consequential damages, a “no damages for delays” clause, which limits … Continue Reading

Federal Court Determines that General Contractor’s Unreasonable Exercise of its Broad Discretion over Scheduling and Sequencing of the Work Can Support Bad Faith Exception to “No Damages for Delay” Provisions in Subcontract; but Subcontractor Must Still Submit Delay Claims Within Strict Time Requirements of Subcontract

In a recent decision, Elec. Contractors, Inc. v. Fid. & Deposit Co. of Maryland, No. 3:13-CV-00514 MPS, 2015 WL 1444481 (D. Conn. Mar. 30, 2015), the United States District Court for the District of Connecticut dismissed on summary judgment a subcontractor’s claims for delay damages against the general contractor on a construction project (“Project”) for … Continue Reading

War (and Construction Scheduling) is Hell?

On February 26, 2015, Roy Cooper of Arcadis and I reprised our popular Workshop for the University of Hartford’s Construction Institute, “Managing Legal Exposures.”  One of the slides in our presentation  quotes a wise jurist on the subject of construction project scheduling: Except in the middle of a battlefield, nowhere must men coordinate the movement … Continue Reading

Allocating The Risks Associated With Project Delays

This is article explores the complex nature of allocating the risks associated with project delays. It was originally published in Schimenti Construction Company’s newsletter and is reprinted with permission. Retail construction is no stranger to the inherent costs associated with project delays.  Retailers, like all owners, rely upon construction professionals to estimate the duration of … Continue Reading
LexBlog