In the event of the delay of a completion date of a construction contract, an owner may seek delay damages from the contractor. The owner may seek either actual or liquidated damages, but usually not both, and the contractor must … Continue reading
Category Archives: Construction Delays
Contractor Defenses
While a property owner is free to claim that a contractor has defaulted on the work to be done and is therefore in breach of the contract, contractors do have defenses that may justify default. Such defenses may even allow … Continue reading
Changed Conditions
“Changed conditions” are defined as “subsurface, latent, or physical conditions at the site materially different from those indicated in the contract OR unknown physical conditions at the site of an unusual nature, differing materially from those ordinarily encountered and generally … Continue reading
Utility Interference Work
Pursuant to New York City Administrative Code 24-521, whenever any sewer, culvert, water main or pipe is going to be constructed, altered or repaired in any street in which the pipes, mains or conduits of public service corporations are laid, … Continue reading
Excuseable Delays
Generally, the owner of property waives defects that are easily discoverable upon inspection when they take occupancy of the premises, accept the work, and pay for it. The parties to the contract may avoid this often unintended waiver, however, by … Continue reading
