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Common Impediments To Delay Damage Recovery

Monday, June 02, 2003 02:58 pm

Common Impediments To Delay Damage Recovery

Last month, this article discussed problems created by lack of timely notice and the inability to segregate owner-caused delay. This month's conclusion examines the need for claimants to prove delay in overall project completion. Failure to Prove Delay in Overall Project Completion

Not every incident of owner-caused delay automatically translates into additional compensation for the contractor. As the Armed Services Board recently stated: "While the government may have inconvenienced or temporarily slowed appellant here and there, such government-caused problems were isolated occurrences causing no material breach of contract."Appeal of Jerry Dodds & Associates, ASBCA No. 51682 (April 19, 2002); CCM June 2002, p. 4.

In order for a contractor to recover for owner-caused delay, the contractor must be able to prove that the event in question extended the contractor's performance period. "It is immaterial that some particular event came along which disrupted certain work or delayed its start or completion. It may well have been that that item of work was not one which would delay the project completion or have any effect on it...It is appellant's burden to convince us of the impact on the overall completion of the project."Appeal of Essential Construction Co., Inc., ASBCA No. 18706 (February 7, 1989); CCM May 1989, p. 4.

The well-recognized method for proving impact on overall completion of the project is the use of critical path method (CPM) scheduling analys [...]

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