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The Broccoli Incident: Making Sure You Ask for What You Want In Construction Claims

Best Practices Construction Law

Having litigated construction disputes for almost 20 years, the issue of entitlement often turns on whether the contractor properly submitted its claims in accordance with the terms of the parties’ contract. No matter the size of the project, proper documentation will eliminate a number of disputes.

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What I Learned from My Kids About Delay Claims

Best Practices Construction Law

It almost goes without saying that if you have to pursue or defend a delay claim, you are going to need some evidence (whether by expert or otherwise) to establish or to challenge entitlement to the damages sought. Generally, the delay must affect the critical path of the work to be compensable. Identify the critical delays.

Claims 76
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What I Learned from My Kids About Delay Claims

Best Practices Construction Law

It almost goes without saying that if you have to pursue or defend a delay claim, you are going to need some evidence (whether by expert or otherwise) to establish or to challenge entitlement to the damages sought. Generally, the delay must affect the critical path of the work to be compensable. Identify the critical delays.

Claims 48
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Provide Notice (and 10 Other Tasks) When Pursuing a Construction Claim

Best Practices Construction Law

When dealing with construction claims—whether one for construction defects, outstanding payment, or delay damages—an initial hurdle is making sure that proper notice has been given. This decision illustrates the importance of following a process when dealing with a claim. Assess other pertinent documents. If not, why not?

Claims 48
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Brrrrrr, It’s Cold! How to Best Prepare a Delay Claim for Unusually Severe Weather

Best Practices Construction Law

2009) , the contractor involved in building a 53-mile road around the island of Babeldaob submitted to the Corps a claim for delays and additional costs incurred because of high humidity, rainy weather and moist soils encountered on the project. The government filed a counter-claim alleging fraud and other violations.

Claims 48
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What Type of Schedule Analysis Should be Performed in Construction Delay Claims?

Best Practices Construction Law

"There is an undeniable need for logical, factually supportable and credible evidence to assist in calculating delay, time extensions, concurrency and compensability as well as liquidated damages and actual damages." Generally, the delay must affect the critical path of the work to be compensable. Tie causation to each delay.

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Top 7 Factors Affecting Labor Productivity Losses On A Construction Project

Best Practices Construction Law

When you deal with construction claims, many believe that the largest component of any request for additional compensation is generally labor costs. A compensable loss in terms of labor productivity happens when the contractor uses more hours to complete a given unit of work than it would have used absent the intervening cause.