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Completion "Asap" Was Not An Enforceable Deadline Schedule; Delay-damages

Wednesday, March 03, 2004 12:21 pm

Completion "Asap" Was Not An Enforceable Deadline Schedule; Delay-damages

A California court has ruled that a project owner could not assess delay damages against a contractor when the contract called for completion "ASAP."

Barton Properties, Inc. and Montan Corporation (Barton) awarded a contract to Porrazzo Corporation for street grading in a residential subdivision. Barton awarded a second contract to Porrazzo for installation of curb gutters and street paving. Both contracts stated that time was of the essence. The grading contract called for completion "ASAP." The curb and paving contract did not indicate any completion deadline.

Barton withheld payment from Porrazzo under both contracts. Barton alleged delay in th [...]

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