A construction project can be delayed for a multitude of reasons. Where the cause of the delay is not force majeure, or other excusable delay by a contractor, and where the contractor has some fault, what level of actions must a contractor take to satisfy the terms “best efforts” or “reasonable efforts” or “commercially reasonable efforts” often used in the ‘efforts clause’ of a construction contract? In an article for the Daily Journal of Commerce, I look at several factors that can affect the expectations on a contractor for making good after a delay, including how the jurisdiction that governs the contract differentiates, or doesn’t, between the terms, whether the jurisdiction has concluded that “best efforts” language creates a fiduciary relationship between the parties and commensurate heightened obligation of performance by the contractor, and more. Read the full article here.

Originally published by the Daily Journal of Commerce on May 18, 2023.

Photo of Tamara Boeck Tamara Boeck

Tamara Boeck routinely advises owners, developers and general contractors primarily in California, Idaho and Nevada.  Tami works with clients on a wide range of projects including commercial, residential and mixed-use projects, as well as construction-related aspects of oil and gas, mining, food processing…

Tamara Boeck routinely advises owners, developers and general contractors primarily in California, Idaho and Nevada.  Tami works with clients on a wide range of projects including commercial, residential and mixed-use projects, as well as construction-related aspects of oil and gas, mining, food processing, solar, wind, geothermal, biofuel, wastewater treatment and other industrial facilities.

In addition to counseling her clients on ways to avoid protracted litigation through thoughtful negotiations and effective contracts, she handles construction disputes from mediation through litigation or  arbitration, which often encompass significant business conflicts, project delay, workmanship and performance deficiency claims, as well as those matters involving lien laws, insurance coverage disagreements with insurers, claims involving toxic tort, product liability and catastrophic injuries. With  her depth of experience, she is able to assist and protect her clients in arbitration or trial when a pragmatic business resolution is not available. Tami has been listed in Best Lawyers in America© for Construction Law since 2010. She is immediate past chair of the firm’s Real Estate, Development & Construction group.

Click here for Tamara Boeck’s full bio.