Category Archives: 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

Washington State Court Affirms $155M Jury Award Against Contractor and Surety Stemming from Claim of Default Due to Delayed Performance, Sustaining Denial of Contractor’s Differing Site Condition Defense

Joseph T. Imperiale, Pepper Hamilton LLP, Partner James M. Kwartnik Jr., Pepper Hamilton LLP, Associate King County v. Vinci Construction Grands Projects/Parsons RCI/Frontier-Kemper, JV, 2015 Wash. App. LEXIS 2735 (Nov. 9, 2015) The Court of Appeals of Washington recently decided … Continue reading

Posted in Delay, Differing Site Conditions, Liquidated Damage Provision

Federal District Court in Florida Holds that Contract Provision Giving General Contractor Discretion to Apportion Damages Does Not Confer Authority to Determine That Subcontractor Caused Delay

Davis Group, Inc. v. Ace Electric, Inc., 2015 U.S. Dist. LEXIS 83368 (M.D. Fla. June 26, 2015) This action arose out of a construction project to build a new Radar Approach Control Facility at Seymour Johnson Air Force Base in … Continue reading

Posted in Delay, Subcontract

Connecticut Supreme Court Construes “Active Interference” Exception to “No-Damage-for-Delay” Clause

C&H Electric, Inc. v. Town of Bethel, 312 Conn. 843, 2014 Conn. LEXIS 263 (Aug. 5, 2014) This dispute arose out of a project to renovate and build an addition at a high school in the Town of Bethel, Connecticut.  … Continue reading

Posted in Delay, No-Damage-for_Delay

Ohio Court of Appeals Holds Liquidated Damages Unenforceable Where Amount of Liquidated Damages Is Disproportionate to Contract Price

Boone Coleman Construction, Inc. v. Village of Piketon, 2014-Ohio-2377, 2014 Ohio App. LEXIS 2317 (Ohio Ct. App. May 22, 2014) The Court of Appeals of Ohio held that a liquidated damages provision in a public construction contract constituted an unenforceable … Continue reading

Posted in Delay, Liquidated Damage Provision