Monthly Archives: May 2016

Federal District Court in Florida Considers Damages (Including Delay Costs and Attorneys Fees) and Defenses Available Under the Miller Act

United States ex rel Jack Daniels Construction, Inc. v. Liberty Mutual Insurance Company, 2015 U.S. Dist. LEXIS 172189 (M.D. Fla. Dec. 28, 2015) This action arises from the construction of the Joint Intelligence Technical Training Facility at Goodfellow Air Force … Continue reading

Posted in Miller Act

ABA Section of Litigation Regional CLE Workshop on Handling a Construction Failures Case Scheduled for June 3, 2016

The ABA has scheduled a half-day Regional CLE Workshop on Handling a Construction Failures Case for Friday, June 3, 2016, at Pepper Hamilton LLP’s offices at 3000 Two Logan Square, 18th & Arch Streets, Philadelphia, PA. This program will discuss … Continue reading

Posted in Failures

Do No-Damage-for-Delay Clauses Bar Acceleration Claims?

Robert E. Heideck, Partner, & Kenneth A. Cushing, Associate, Pepper Hamilton LLP Time is money in construction, and project delays can cause contractors to incur substantial additional costs. To avoid responsibility for paying these costs, project owners often include a … Continue reading

Posted in Acceleration, No-Damage-for_Delay

Ohio Supreme Court Holds Reasonableness of Liquidated Damage Provision to Be Determined Based Upon the Parties’ Knowledge at Time of Contracting Rather than After Performance

Boone Coleman Constr., Inc. v. Vill. of Piketon, 2016-Ohio-628, 2016 Ohio LEXIS 441 (Ohio Feb. 24, 2016) A general contractor entered into a construction contract with a public agency for a road construction project with a $700 per day liquidated … Continue reading

Posted in Delay, Liquidated Damage Provision