Every owner, contractor, or other construction focused party who has achieved profitability and success in the construction industry would likely agree with the following: in construction, time is money.
The quicker the project is successfully completed, the happier the owner is, the more profitable the general contractor and subcontractors are, and the quicker the material suppliers, equipment lessors, and other related parties are paid and move on to the next project. Time undoubtedly equals money in construction.
When the as planned schedule for construction projects extends past the planned completion date, many times there are claims various parties bring which the industry have commonly titled as “extended duration” or “delay claims.”
Extended duration/delay claims focus on claims which a contractor has for extended home office overhead which a contractor commits to a project past the time the contractor figured into its bid on the project, which is sometimes calculated through the “Eichleay” methodology. The Eichleay methodology typically focuses on the lost home office overhead due to work stoppages and/or stoppages in work which caused the project to extend for additional days. This formula usually does not calculate weather delays as they are generally considered to be non-compensable.
Extended duration/delay claims also consider the increased cost of labor and materials over the additional time which a contractor has been forced to provide labor and materials to a project over the original as planned schedule which was factored into the contractor’s bid. There are sometimes onerous notice requirements in various contracts as conditions precedent to recovering delay damages, and sometimes there are delay and/or lien waivers which an experienced construction lawyer should advise you on before attempting to make a delay claim and/or signing construction contracts.
Our construction lawyers are experienced and ready to assist owners and construction companies on prosecuting and defending against extended duration/delay claims. Our construction lawyers have years of experience in multi million-dollar delay claim litigation and can readily assist you with experienced, nuanced counsel on delay damages.
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