Contract issues, entitlement and damages are common issues in schedule claims.
One of the most common contract provisions that you will see regarding schedule is the no damages for delay clause. These provisions attempt to deny a contract the right to seek damages for project delays whether or not they were caused by contractor or not. Generally, courts have found that these clauses are enforceable subject to state law. This video reviews whether certain contract provisions are void and unenforceable in the jurisdiction in which litigation will be brought; as well as entitlement and damages issues.
Agenda
Faculty
James A. Overcash
Woods & Aitken LLP
- Partner in the law firm of Woods & Aitken LLP
- Advises and represents contractors, subcontractors, suppliers, manufacturers, design professionals, sureties, and financial institutions in all aspects of construction projects including mediation, arbitration, and litigation in state and federal courts
- Extensive experience in construction contract formation, negotiations, and project management
- Lectures and provides seminars on bankruptcy and construction related topics before client and industry groups
- J.D. degree, University of Nebraska College of Law; B.S. degree, University of Nebraska
- Can be contacted at 303-606-6719 or [email protected]
Joel D. Heusinger
Woods & Aitken LLP
- Partner in the law firm of Woods & Aitken LLP
- Practice focuses on construction law and litigation
- Fellow of the American College of Construction Lawyers
- Been involved in the resolution of hundreds of millions of dollars in numerous complex construction disputes throughout the United States
- Routinely lectures and writes articles on construction law
- J.D. degree, with honors, Duke University School of Law; B.A., degree, magna cum laude, Bob Jones University
- Can be contacted at 303-606-6717 or [email protected]
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