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Slow Owner Sales Relevant To Delay Delay-excusable; Schedule

Wednesday, July 02, 2003 03:08 pm

Slow Owner Sales Relevant To Delay Delay-excusable; Schedule

An Illinois court has ruled that a contractor should have been allowed to present evidence of slow presales and a separate schedule to show that the project owner had contributed to late completion.

Larrabee Commons Partners awarded a fixed-price, $8.8 million contract to Paul H. Schwendener, Inc. (PHS) for construction of 49 townhouse units in Chicago. The contract stipulated a 14-month performance period and stated that "the majority of units have been presold."

PHS was delayed when it was forced to terminate two subcontractors and replace their defective work. According to PHS, Larrabee did not [...]

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