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When a construction project is not completed on time, construction claims
may arise. The owner usually alleges that the responsibility for the delay rests solely with the
prime contractor. As a result, the prime contractor owes liquidated damages to the owner for each
day the project was extended past the scheduled completion date.
Analyzing the causes for delays can be a very complex process. The first step
is to determine which group of parties, either the owner and its representatives, or the contractors
contributed to the delay. This is where Mr. McCarthy's construction background comes into play.
Delays can be attributed to unforeseen and differing site conditions causing
extensive changes to the scope of work, and overall schedule disruption. Excessive changes have a compounding
effect on the completion of the project. This may be compensable to the contractor to offset productivity loss,
extended job costs, and overhead costs.
Defective and/or deficient project plans and specifications will cause the contractors
involved to submit numerous requests for information (RFIs) to the architect, engineers and project managers.
The turnaround time for RFIs, and waiting on subsequent change orders, will extend completion of the project. The
contractor may be entitled to extended job costs and office overhead costs.
Contractors who place extra people on the job and work overtime in order to meet a schedule, when
not at fault, may be entitled to extra compensation for acceleration.
There are countless reasons for construction claims and the above examples barely scratch the
surface.
Mr. McCarthy has assisted clients with construction claims against numerous public
agencies including the City of Oakland, University of California, Santa Cruz County, and several
school districts.
The information contained in this site is for informational purposes only; it is not intended to
constitute legal advice. Users of information from this site do so at their own risk.