Do Repair Provisions Require Contractors to Accept Design Flaws? By Thomas R. Olson and Rielly…
Article: How to Avoid Liquidated Damages When You’ve Caused the Delay.
Project delay is an unwelcome though regular visitor. If the delay was not caused by the contractor, then the contractor normally has a right to a time extension (if calendar-based) or non-charging of a working day. Yet there are all too many occasions where the delay was caused by the contractor. When this occurs, the contractor normally has no right to additional time. The contractor is consequently exposed to paying liquidated damages.
The good news is that even if the contractor has no factual defense to the assessment of liquidated damages, the contractor may still have important legal defenses. This article discusses some of those options.