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City Can't Shift Delay Risk Where It Failed To Properly Plan For Rain

Wednesday, July 07, 2010 04:20 am


No Damage For Delay Lee Masonry, Inc. v. City Of Franklin, Tennessee , 2010 Tenn. App. Lexis 301 (April 28, 2010)


A city paid more than $1 million in delay damages to two contractors because of delays it caused by poorly managing difficult site conditions. The City of Franklin, Tennessee (the City) hired Rock City Construction Co., Inc. (Rock City) as its construction manager on a project to build six new structures as part of a municipal services complex. Rock City prepared a prebid schedule noting when particular jobs on each building would be completed. Both Lee Masonry, Inc. (Lee Masonry), the masonry contractor, and Stansell Electrical Company, Inc. (Stansell), the electrical contractor, based their bids on that schedule. Once the project began, various delays pushed the project schedule back, and the trade contractors ended up being on site much longer than expected (seven extra months in Stansell's case). The two change orders Stansell eventually received granted additional pay but not time, and Lee Masonry's equitable adjustment claim was denied. The contractors finally sued the City for delay damages [...]

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