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Topic: Construction delay

	Construction Contract Law
		A construction contract and performance bond, construed together, permitted the project developer (bond obligee) to recover from the surety for delay damages, resulting from the delays by the bonded contractor; the developer could not, however, recover compensatory or punitive damages from the surety, under tort theories based on the surety's bad faith.
		A clause in a subcontract prohibiting the subcontractor from recovering damages for delay from the general contractor unless the owner was liable to the general contractor for such damages, precluded the subcontractor from recovering from the general contractor while the general contractor's claim against the owner for similar damages was pending.
		The court denied delay damages to the contractor, however, finding as a matter of fact that the government-furnished equipment was not actually required until the end of the project, denying the delay damage claim because the governments' delay was not the "sole cause" of the delay.
	www.lawconstruction.net (4244 words)

	When the Going Gets Tough -- Analyzing Concurrent Delays
		When a significant owner caused, construction delay such as the RW 11 design conflict occurs, the contractor is not necessarily required to conduct all of his other construction activities according to his pre-delay schedule, and without regard to the changed circumstances resulting from the delay....
		The BCA thereby shifted to the owner, once a prima facie delay case was presented, the burden of proving that the contractor could not have avoided the alleged concurrent delay had the owner-caused delay not occurred.
		Similarly, in a dispute involving construction of a chlorination facility for a water treatment plant, the District of Columbia Contract Appeals Board rejected the public owner's assertion that the contractor was responsible for concurrent delays.
	www.constructionweblinks.com /Resources/Industry_Reports__Newsletters/April_17_2000/april_2000_delays_article.html (3505 words)

	Masonry Magazine: Legal - Delay Claims
		Keep in mind, delay cases can involve not only a pure extension of completion time on a project, but also the related concepts of suspension of work on the job, ongoing disruptions to performance on the job, and efforts of the contractor to accelerate work on the job to meet schedules or to reduce delays.
		Delays arising from the lack of performance of the contractor on a job are generally defined as non-excusable delays.
		If you are delayed by weather, your ability to recover for such delays, or your risk of liability for such delays, may turn on expert review of typical weather patterns for your area.
	www.masonrymagazine.com /10-03/legal.html (1620 words)

	17 Wn. App. 501, SEATTLE v. DYAD CONSTRUCTION
		When the delay is one not contemplated by the parties at the time of entering into the contract, is of unreasonable duration and produces harsh results, and is caused at least in part by the active interference of the owner, money damages will be awarded in addition to the extension of time for performance.
		The delay was not contemplated by the parties at the time of the entering into of the contract, the delay was unreasonable in duration, and it resulted in part from the active interference of the owner with the work of the contractor.
		The judgment of the trial court in denying the contractor damages for delay is reversed and the contractor is awarded the sum of $47,099 for the delay caused by the City.
	www.mrsc.org /mc/courts/appellate/017wnapp/017wnapp0501.htm (5045 words)

	Construction & Engineering [ Hall, Render ] (Site not responding. Last check: )
		A construction project is one of the most complicated undertakings in today's business world with the many parties involved in the planning, financing, design, construction, and operation phases of a project.
		Their collective experience and skills are routinely successful in identifying and addressing construction problems in a timely manner so that the damaging and costly effects of a dispute are avoided.
		Construction delay claims are perhaps the most common, but least understood, type of dispute in the construction industry.
	www.hallrender.com /corporate_business/construct_engineer_01.html (655 words)

	High bids delay LASD construction at Egan -- Los Altos Town Crier (Site not responding. Last check: )
		Construction at Egan Intermediate School became another case of "hurry up and wait" earlier this month, when the lowest bid from contractors hoping to work on the site came in $2.4 million over budget.
		Construction at Egan was originally set to start within the next month, to be completed before school started in the fall of 2001.
		With this new delay, district officials may postpone the move until the holiday break that winter, asking teachers to use their vacation time to move.
	latc.com /2000/06/28/news/news5.html (601 words)

	Anthony D. Lee: Anatomy of a Delay Claim
		The quantification of the delay damages should result in a fair and reasonable claim that is supported by the job cost and accounting records.
		Construction Projects," to determine the percentage lost on a weekly basis for labor and equipment costs.
		A preparer, or defender, of a complicated construction claim has to continually keep "the big picture" and "the smallest details" in focus.
	www.adleeconsulting.com /anatomy.htm (878 words)

	Thelen Reid & Priest LLP Law Firm: Articles: When the Going Gets Tough - Analyzing Concurrent Delays, March 2000 (Site not responding. Last check: )
		The entirety of the project delay is due to whichever delay is affecting the critical path.
		Legally, as a matter of the burden of persuasion, the burden is on the party claiming delay damages resulting from the delay to provide a reasonable basis for apportioning the effects of these concurrent delays between owner and contractor.
		Similarly, in a dispute involving the construction of a chlorination facility for a water treatment plant, 13 the D. Contract Appeals Board rejected the public owner's assertion that the contractor was responsible for concurrent delays.
	www.thelenreid.com /articles/article/art_67.htm (3691 words)

	Road Construction Delays and Closures in Yellowstone National Park
		Delays or closures in 2006, due to construction, will be posted in the spring.
		Road construction is perennial in Yellowstone National Park.
		Additional construction zones and schedules may be announced as construction contracts are awarded.
	www.nps.gov /yell/planvisit/orientation/travel/roadclos.htm (313 words)

	Construction Contract Delay and Disruption and Resolution: Claims Leader
		Roadway and bridge builder asserted claims against a state department of transportation for delays, disruptions and inefficiencies in design and construction management of the state's largest freeway interchange.
		College apartment developer/owner was delayed by an engineering contractor who failed to diligently pursue work resulting in delays to project completion and consequential loss of rents and tenants and cross-complaint for payment.
		We provided forensic analysis of alleged delays and a CPM Schedule analysis for apportionment of delays, causation and assessment of impacts to the project schedule and testified at arbitration.
	www.claimsleader.com /clients.php (1243 words)

	Construction
		Construction might be thought of as a long series of handoffs between trades.
		The Lean Construction Institute teaches construction superintendents, foremen, and project managers to plan work in three windows: a phase window of three months or so, a six week look-ahead window which rolls weekly, and a detailed plan for the next week.
		In the same way that lack of materials is the biggest cause of construction delay, lack of requirements is the biggest cause of design delay.
	www.poppendieck.com /construction.htm (2116 words)

	Meglan, Meglan & Company, Limited (Site not responding. Last check: )
		Compensable delays are those for which the construction contract allows the contractor additional monies equal to the monies lost by the contractor due to the delay (during and afterward).
		Excusable, compensable delays are those for which the construction contract allows the contractor both additional time and monies equal to the time consumed and monies lost by the contractor due to the delay (during and afterward).
		Construction Claims Topics serve as guidance documents only and are written for the expressed purpose of helping construction industry executives and supervisors learn better ways of identifying the sources and causes of construction claims and preventing disputes.
	www.meglan.com /cct-17.htm (1050 words)

	Last & Faoro law firm San Mateo California construction law Public Contract Law Real Estate Law Commercial Litigation
		In this event, a delayed contractor may not be entitled to compensation for the additional costs associated with the delay.
		When the construction was to commence the contractor discovered that the necessary permits relating to the project were not available and access to the site was limited by the owner.
		If you are confronted with a possible delay you should review the relevant contract clauses to determine when and how notice of the delay is to be provided to the party you contracted with for the project.
	www.lhfconstructlaw.com /CM/WhatsNew/WhatsNew17.asp (1548 words)

	Asia Times: FDSFDFDSF
		At the same time, we were proceeding with the plan to construct atomic power plants with a generating capacity of several hundreds of thousands of kilowatts of electricity a year starting from 1997 in an effort to ensure production of 2,000 MW(e) annually by the year 2003.
		However, when we trace back the process of delay in the construction of the LWR project by the US, we emerge with increased suspicion on the U.S. intention as to whether the US is truly committed to the supply of LWRs or seeking some kind of filthy political purposes.
		Under the circumstances where the LWR project has been delayed by far, a serious issue is presented as to whether the US is going to make due compensation for the electricity loss caused by the freeze of graphite-moderated reactors by the year 2003 or skip it over without making compensation.
	www.atimes.com /koreas/CD18Dg03.html (1886 words)

	GuaranteedWeather -- A New Direction In Weather Risk Management (Site not responding. Last check: )
		Construction projects can be drastically impacted when too many "cold days" occur during the planned project period.
		Because of this it is important for the contractor to understand the nature of delays to protect the right to compensation and extensions of time.
		Both construction companies and their clients can benefit from temperature risk management because project contracts are often structured so that contractors are not responsible for the most extreme weather events.
	www.guaranteedweather.com /page.php?content_id=33 (340 words)

	Andrew Avalon, P.E.
		Analysis of a $1.7 million claim for schedule delays and disruptions during the construction of two wastewater treatment plants and barometric condenser conversions at an oil-processing unit in Trinidad and Tobago.
		He has analyzed construction schedules for owners and contractors to determine the causes of construction delays and to equitably allocate responsibility for delay-related costs.
		He analyzed construction schedules for owners and contractors to determine the causes of construction delays and to equitably allocate responsibility for delay-related costs.
	www.long-intl.com /aa.htm (2189 words)

	Observer Newspaper - News
		Trustees and Officers at the University decided to delay construction of certain buildings due to a decrease in outside donations and a tightening of the University's budget resulting from the poor economy.
		The most visible construction delay is the new Security Building/Post Office Facility, for which the foundation has already been laid at the north end of campus near the Stepan Center.
		The delay of these projects has resulted in a domino effect that will delay other construction projects, such as a new hotel, which were already on the drawing board.
	www.nd.edu /~observer/11052002/News/2.html (340 words)

	Flight Delay Information - Air Traffic Control System Command Center
		General Arrival/Departure delays are 15 minutes or less.
		Departures are experiencing taxi delays of 16 to 45 minutes and/or arrivals are experiencing airborne holding delays of 16 to 45 minutes.
		Departures are experiencing taxi delays greater than 45 minutes and/or arrivals are experiencing airborne holding delays greater than 45 minutes.
	www.fly.faa.gov /flyfaa/usmap.jsp (679 words)

	IMCPL Press Release - Library Moves to Recoup Construction Delay Damages from Former Central Library Construction ...
		Construction on the project began in 2001, but under the Team's management, construction was delayed almost 16-months to identify and repair concrete deficiencies in the two-story underground parking garage.
		The Library is suing the firms responsible for the garage construction mistakes to recover repair, legal, and delay costs estimated to exceed $40 million.
		Construction on the project is progressing rapidly with the recent completion of the six-story addition?s glass curtain wall.
	www.imcpl.org /about/news/press2006/cen_2jun06_lawsuit.html (342 words)

	Construction Delay Computation Method (Site not responding. Last check: )
		Delay is one of the most common problems in the construction industry.
		It is not based on critical path analyses; therefore, it does not require the calculation or updating of the critical path, and it is even not necessary to update the as-planned schedule, as required by the traditional delay analysis methods.
		The method can be integrated into any delay analysis system to further improve and automate the construction delay analysis process.
	www.pubs.asce.org /WWWdisplay.cgi?0100218 (207 words)

	Rail spur budget on tap (Site not responding. Last check: )
		The delay does not have to do with our part, but with project approvals that are very complex and time consuming," Downey said.
		Word of more delays in construction surprised Victorville Mayor Mike Rothschild, who said he was unaware Stirling had delayed the project.
		Construction of the rail spur is the key to attracting more clients to the Southern California Logistics Airport and further delay also slows prospects of more local jobs.
	www.vvdailypress.com /2005/111936091078959.html (542 words)

	Construction Contractor's Digest
		This is not an uncommon path for many managers in the construction business; however the shift in paradigms from the field to a management position was a struggle for me as I am sure it continues to be for many others.
		He or she may be too close to and have to much experience in the construction industry to be objective.
		Soberly, construction companies have been burned by popular business trends in the past when outsiders have not been as helpful as advertised but, certainly made sure professional billing was collected.
	www.contractorsblog.com (15855 words)

	Construction Information Services - Construction Management
		Construction management is a discipline comprising systematic approaches to control time, cost and quality of a construction project based on recorded research and experience.
		Though project management must have been applied in the construction of Egypt pyramids centuries ago, but the discipline of management is relatively new, and origins of modern management can be traced to the beginning of last century.
		Linear programming can be used in construction project management to solve many problems such as: Optimizing use of resources, Determining most economic product mix., Transportation and routing problems, Personnel assignment.
	www.misronet.com (406 words)

	PROTOCOL FOR DETERMINING EXTENSIONS OF TIME AND COMPENSATION FOR DELAY AND DISRUPTION
		Since its foundation in 1983, the Society of Construction Law has worked to promote for the public benefit education, study and research in the field of construction law and related subjects (including adr, arbitration and adjudication), both in the UK and overseas.
		A paper, 'A View from across the Pond: An American Perspective on the SCL Delay and Disruption Protocol', by Richard H Lowe, Evans M Barba and Gregory B Lare, is available on the SCL website.
		An article by Andrew Burr and Nicholas Lane, entitled 'The SCL Delay and Disruption Protocol: Hunting Snarks', is available in our articles section by permission of the publishers, Sweet and Maxwell.
	www.eotprotocol.com (519 words)

	Museum sees weeks-long construction delay - The Boston Globe
		The Institute of Contemporary Art will announce today that construction delays have forced it to postpone next month's opening of its $51 million home on the South Boston waterfront.
		ICA officials, museum architect Ricardo Scofidio, and John Macomber, manager of the construction company, said the work that remains on the building is not major.
		In interviews yesterday, ICA officials, architect Ricardo Scofidio, and construction company manager John Macomber said that the remaining work was not major.
	www.boston.com /news/local/articles/2006/08/04/museum_sees_weeks_long_construction_delay (1068 words)

	State bond shift could delay school construction North County Times - North San Diego and Southwest Riverside County ...
		Lawmakers in Sacramento are quietly discussing a tentative plan to kick a $12.3 billion school construction measure off the March ballot so that voters this spring will only have to decide on one state bond measure --- a $15 billion loan that Schwarzenegger has proposed to bail the state out of its budget mess.
		North County school districts, which are counting on at least $400 million in state construction money during the next few years, said they are bursting at the seams and need construction money to get kids out of trailer classrooms and onto less crowded campuses.
		If the March bond is delayed until November and then fails to get voter approval, it could not be placed before voters again until 2006.
	www.nctimes.com /articles/2003/11/25/news/top_stories/11_24_0321_39_59.txt (1044 words)

	NASA Advises Another Delay In Construction of Space Station
		By WARREN E. ASHINGTON -- NASA has recommended that construction of the international space station be delayed until the end of the year because Russian-made components for the orbiting outpost are behind schedule, agency spokesmen said today.
		Brian Welch, a spokesman for the National Aeronautics and Space Administration in Washington, said the proposal to launch the first pieces of the space station in the fall would be presented at meetings of the international partners in the project, scheduled to convene next weekend at the Kennedy Space Center in Florida.
		But its flight was first delayed until June, and now would be postponed until the fall under the new plan, because station officials do not want the initial modules to languish in space and waste precious fuel waiting for the service module.
	partners.nytimes.com /library/national/science/nasa/052398sci-nasa-leary.html (428 words)

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