Video

  • 21 minutes

Types of Delay Damages and the Importance of Maintaining Project Documentation

 
Any lawyer knows that project documentation is the most important thing to proving a case. You can’t do anything if you don’t have facts, and you don’t have good facts unless it’s in writing and it’s contemporaneous writing. Not just evidence of the breach but it’s impact causing disruptions to the project. Once the actual delays to the job have been determined by using the CPM techniques and analyses, the type of delay must be determined to ascertain which party, if any, is entitled to compensation or damages for the delay. All delays fall into one of three categories: (1) excusable; (2) inexcusable; or (3) compensable.

In this 33-minute video our speaker, Victor F. Luke, Esq., reviews how to calculate Eichleay damages. Federal Courts and Boards have treated recovery of unabsorbed overhead under the Eichleay formula as an extraordinary remedy and have determined that a contractor is not automatically entitled to recover home office overhead costs when performance of the contract has been delayed.

Victor F. Luke, Esq. is a partner in the office of Gibbs Giden Locher Turner Senet & Wittbrodt LLP. He practices primarily on the litigation of construction, business transaction, real estate, and insurance disputes. Mr. Luke’s vlients include owners (public and private), general contractors, subcontractors and suppliers.
Runtime: 21 minutes

Agenda

Faculty

Victor F. Luke, Esq.

Gibbs Giden Locher Turner Senet & Wittbrodt LLP

  • Partner in the office of Gibbs Giden Locher Turner Senet & Wittbrodt LLP
  • Practices primarily on the litigation of construction, business transaction, real estate, and insurance disputes
  • Practicing litigation attorney in California and Nevada
  • Clients include owners (public and private), general contractors, subcontractors and suppliers
  • Conducts regular seminars and publishes articles and book chapters on numerous topics in construction law
  • Super Lawyers Rising Star
  • J.D. and B.A. degrees, University of California Los Angeles
  • Can be contacted at 310-552-3400 or [email protected]

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