News & Analysis as of

Construction Industry Delay Claims Construction Project

Cozen O'Connor

Court Interprets “Completion” of a Project Under Builder’s Risk Insurance

Cozen O'Connor on

In Luke, Inc. v. Berkley National Insurance Company, 2025 WL 2210783 (W.D. Tenn. 2025), the United States District Court for the Western District of Tennessee determined that the “completion” of a construction project for...more

American Conference Institute (ACI)

[Event] 17th National Conference on Navigating Risk in Construction Contracts & Projects - February 27th - 28th, Toronto, ON,...

Join industry leaders, legal experts, and fellow construction professionals at CI’s 17th National Conference on Navigating Risk in Construction Contracts & Projects, for two impactful days of knowledge sharing, actionable...more

Woods Rogers

Contractor’s $25M Insurance Claim Waived Because of Untimely Notice to Insurer

Woods Rogers on

A recent holding in Fairfax County Circuit Court reinforces the importance of contractors giving timely claim notice to their insurers. The case, St. Paul Fire and Marine Ins. Co. v. HITT Contracting, Inc., decided on...more

Goldberg Segalla

[Webinar] Builder’s Risk Claims Challenges - July 25th, 12:00 pm - 1:00 pm EDT

Goldberg Segalla on

Join Partner Larry Mason as he lays a foundation for addressing builder’s risk claim challenges through an exploration of common losses, an overview of the available insurance coverage, an examination of delay damages, and a...more

Davis Wright Tremaine LLP

What Constitutes a Reasonable Period of Time Under the Suspension-of-Work Clause?

In Granite Construction Company, ASBCA No. 62281 (November 1, 2023), the Armed Services Board of Contract Appeals ("Board") addressed the issue of what constitutes a reasonable period of time to suspend work under the...more

Miller Nash LLP

[Webinar] Retainage, Back Charges, and Withholdings—Law and Best Practices in Oregon & Washington - October 24th, 9:00 am - 10:30...

Miller Nash LLP on

No matter your tier in the construction contracting chain, understanding the nuanced rules and procedures about retainage, back charges, and other payment withholdings is critical to managing cash flow and protecting your...more

J.S. Held

Builder's Risk - Measuring Delay

J.S. Held on

Measuring delay from a loss under a builder’s risk insurance policy is perhaps the most complicated of all time element measures in the claims world. Setting aside the numerous complex issues of coverage, builders risk time...more

Zelle  LLP

What To Expect In Builder's Risk Insurance Claims In 2023

Zelle LLP on

With interest rates on the rise, sticky inflation, few signs of a cooling labor market, and continued instability in Russia, China and beyond affecting energy prices and exports, the builder's risk insurance industry is in...more

American Conference Institute (ACI)

[Event] Managing Risk in Construction Contracts & Projects – Western Canada Edition - January 25th - 26th, Edmonton, Canada

The Canadian Institute’s 15th Annual Conference on Managing Risk in Construction Contracts & Projects, Western Canada Edition is returning to Edmonton on January 25-26, 2023. This two-day conference is specifically...more

Stoel Rives -  Ahead of Schedule

Who Owns the Project’s ‘Float,’ and What Should Be Done About It?

The coined phrase “time is money” especially applies in the construction industry. Construction participants go to great lengths to build their projects on time and avoid delay costs. To facilitate timely project completion,...more

Cohen Seglias Pallas Greenhall & Furman PC

New York’s Strong Enforcement of No-Damages-for-Delay Provisions

A common clause in many New York construction contracts is a “no-damage-for-delay” exculpatory provision, providing, in sum, that delay damages are not compensable and that if you are delayed, then you are only entitled to a...more

Cohen Seglias Pallas Greenhall & Furman PC

Practical Training for Project Managers & Supervisors Two-Part Webinar Series: Part Two

In this webinar series, George Pallas and Kathleen Morley present practical tips and training to project managers and supervisors regarding best practices in project management. Using real-life examples, George and Kathleen...more

Bradley Arant Boult Cummings LLP

The Claim Process - Concurrent Delays: Understanding the Impact on Delay Claims

A delay is “concurrent” is a delay to the critical path of the project caused by multiple events not exclusively controlled by one party. If you are impacted by a delay to the critical path that was not within your control...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Practical Training for Project Managers & Supervisors: Part Two: Important Contract Provisions, Claims Preservation, and...

In this webinar series, George Pallas and Kathleen Morley will present practical tips and training to project managers and supervisors regarding best practices in project management. Using real-life examples, George and...more

Buchalter

No Longer in the Dark: A Primer on the Distinction between Delay and Disruption Damages in a Construction Dispute

Buchalter on

If you are left in the dark about something, you don’t have the information you should have to make an informed decision. Delay claims on a construction can be confusing, especially when you think about the delay to the work...more

TransPerfect Legal

Using Legal Technology to Navigate Complex Data in Construction Arbitration

TransPerfect Legal on

Technology is constantly evolving the construction and engineering industries. Recent trends include:   - Big Data – using historical big data to improve efficiency - Artificial Intelligence (AI) – leveraging automation to...more

Miles Mediation & Arbitration

[Webinar] Construction ADR Webinar: Residential & Multi-Family Construction Disputes: Is There A Practical Solution? - September...

Join Miles mediator and arbitrators Jennifer Grippa and David Matthews, along with Frank Brown, partner in Weissman Law and General Counsel of the Greater Atlanta Home Builders Association, Inc., Jerry Warshaw, Founder and...more

White & Case LLP

'Common Law Common Sense' delay analysis

White & Case LLP on

In White Constructions Pty Ltd v PBS Holdings Pty Ltd [2019] NSWSC 1166 the Supreme Court of New South Wales, Australia, rejected both parties' expert delay analysis and the methodologies on which they were based, holding...more

Troutman Pepper Locke

Federal Court in Pennsylvania Holds Pay-If-Paid Clause Unenforceable Where Prime Contractor’s Inadvertent Delays Contribute to the...

Troutman Pepper Locke on

Connelly Constr. Corp. v. Travelers Cas. & Surety Co. of Am., 2018 U.S. Dist. LEXIS 123009 (E.D. Pa. July 24, 2018). The Commonwealth of Pennsylvania Department of General Services undertook a project for the construction...more

Troutman Pepper Locke

Claimant Is Not Required To Conduct An Investigation Into The Veracity Of The Representation To Prove Justifiable Reliance When...

Troutman Pepper Locke on

Fisk Elec. Co. v. DQSI, L.L.C., 2018 U.S. App. LEXIS 17914 (5th Cir., June 29, 2018) - DQSI, L.L.C., (“DQSI”) a general contractor, was hired by the Army Corps of Engineers (“Corps”) for a pump station construction...more

Hogan Lovells

How to draft for concurrent delay wherever your projects are

Hogan Lovells on

A new English Court of Appeal decision shows how to allocate concurrent delay risk successfully. Our worldwide construction team helps your drafting reflect this growing tendency for courts and arbitrators globally to prefer...more

Troutman Pepper Locke

A Contractor That Intentionally And Materially Breaches Its Contract Is Not Precluded From Recovery Under Quantum Meruit;...

Troutman Pepper Locke on

G4S Tech. LLC v. Mass. Tech. Park Corp., 2018 Mass. Lexis 357 (June 13, 2018) - A state development agency (the “Agency”), received state and federal funding to build a 1,200-mile fiber optic network. It contracted with...more

Bracewell LLP

Does the Prevention doctrine thwart contractually allocated Concurrent Delay risk? The English Court of Appeal says not

Bracewell LLP on

Energy sector participants will be familiar with the law of physics that states energy is neither created nor destroyed but can be converted from one form into another. Fossil fuels in the ground contain chemical energy and...more

Troutman Pepper Locke

Federal Court in California Holds That Subcontractor May Proceed With Claim for Delay Damages, Despite No-Damage-For-Delay Clause,...

Troutman Pepper Locke on

Rai Indus. Fabricators, LLC v. Fed. Ins. Co., 2018 U.S. Dist. LEXIS 74612 (N.D. Cal., May 2, 2018) - Sauer Incorporated (“Sauer”) contracted with the U.S. Army to design and construct the Operational Readiness Training...more

Snell & Wilmer

Delay and Disruption Claims

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Delay and disruption issues can come up in any project. This article offers an initial introduction and explains the legal requirements for both delay and disruption claims, and practical ideas....more

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