Topic
Delay Claims
92 published works
Government Contracts Legal Forum
An Uplifting Tale: Crane Supplier Recovers Breach Damages Because Commercial-Item Contract Did Not Incorporate Stop-Work Clause
By Steve McBrady, John Nakoneczny, Zariah Altman
In Konecranes Nuclear Equip. Servs. LLC, ASBCA, Nos. 62797, 62827 (May 7, 2024), the Armed Services Board of Contract Appeals (Board) awarded approximately $4.9 million in delay-related breach damages to Konecranes…
Government Construction Law Update
The Defenses of Release and Accord and Satisfaction to Delay Claims
By Joseph Darr
Owners may argue that a contractor's delay claim is barred because the contractor signed a release during construction of the project. Owners may also argue that a delay claim is…
Tort Talk
CORRECTED LINK To Yesterday's Post On Delay Damages Case
Yesterday's Tort Talk post was on the case of Sewell v. Riordon Materials Corp., Nov. Term 2018, No. 01642 (C.P. Phila. Co. Aug. 7, 2023 Kennedy, J.), in which the trial…
Tort Talk
Trial Court Requests a Reversal of its own Decision on Motion for Delay Damages
In the case of Sewell v. Riordon Materials Corp., Nov. Term 2018, No. 01642 (C.P. Phila. Co. Aug. 7, 2023 Kennedy, J.), the trial court issued a Rule 1925 Opinion…
Tort Talk
COVID-19 Pandemic Time of Court Closures Is Not To Be Subtracted From Delay Damages Calculation
In the case of Lynch v. Tucasse, No. 3:18-CV-2044 (M.D. Pa. July 25, 2023 Mariani, J.), the court granted a Plaintiff’s Motion for Delay Damages in a civil litigation matter…
Government Construction Law Update
Top Three Defenses Against Delay, Disruption, and Inefficiency Claims
By Joseph Darr
When a contractor's work on a project is impacted due to no fault of the contractor, the contractor may consider bringing a claim to get paid additional compensation for that…
Tort Talk
Trial Court Refuses to Award Delay Damages Where Repeated Delays Were Caused by Plaintiff
In the case of Tyler v. Hoover, June Term, 2019, No. 06965 (C.P. Phila. Co. Aug. 19, 2022 Hill, J.), the court denied a Plaintiff’s Motion for Delay Damages following…
Government Construction Law Update
No Critical Path Analysis for a Contractor Delay Claim? Expect Your Claim to Be Denied.
By Joseph Darr
If a project takes longer than expected due to unforeseeable reasons beyond the contractor's control, then the contractor may have a delay claim against the owner. Typical delay-claim damages include…
Tort Talk
Delay Damages To Be Calculated on UIM Award After Award Is Molded Down To Policy Limits
In the case of Fertig v. Horace Mann Ins. Co., No. 16-CV-4801 (C.P. Lacka. Co. Aug. 19, 2022 Nealon, J.), the court addressed issues regarding the molding of a jury…
Florida Construction Legal Updates
PRESENTING A “TOTAL TIME” DELAY CLAIM IS NOT SUFFICIENT
When presenting a delay-type of claim on a construction project, a claimant MUST be in a position to properly PROVE the claim. Trying to present a delay claim loosey-goosey is…