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Sub Is Entitled To No Damage For Delay" Nor Acceleration

Monday, October 04, 2010 03:46 am


Damages -- Delay

Quinn Construction, Inc. v. Skanska USA Building, Inc., 2010 U.S. Dist. LEXIS 78164 (D. Pa. August 3, 2010) Thanks to a no-damage-for-delay subcontract clause, a sub scheduled to work in the summer couldn?t recover for delays suffered when it was forced to work through winter weather.

Concrete subcontractor Quinn Construction, Inc. (Quinn) sued general contractor Skanska USA Building, Inc. (Skanska) after Skanska refused to reimburse Quinn for delay costs. Under the parties? subcontract, Quinn agreed to build the foundation for a bioengineering research building for $900,000 and to perform the concrete work on the building?s superstructure for $4 million. A  series of delays put Quinn behind schedule and cost the sub approximately $160,000, but a district court ruled that the no-damage-for-delay clause precluded recovery.

Quinn was unable to begin the foundation work until four months later than planned. As a result, the sub alleged, it suffered more than six weeks of delay for two reasons: (1) Skanska?s schedule did not contemplate breaks for winter weather or holidays and (2) the design drawings were deficient because the architect was slow to [...]

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