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Substantial Compliance With Delay Notice Recognized Delay-excusable; Notice

Monday, April 03, 2006 06:08 pm

Substantial Compliance With Delay Notice Recognized Delay-excusable; Notice

A federal court has ruled that a subcontractor may have substantially complied with a delay notice provision despite the sub's failure to strictly comply with the contractual procedures.

Alstom Power, Inc. was a prime contractor on a power plant project in Indiana County, Pennsylvania. Alstom subcontracted the erection of the mechanical equipment to RMF Industrial Contracting, Inc. The subcontract stipulated a completion deadline and interim milestones by which RMF was to achieve 25, 50 and 75 percent completion.

The subcontract also stated that within fi [...]

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