An area that you find risk shifting is in the delay and acceleration provisions.
Construct contracts typically contain a “no-damage‐for‐delay” provision, which only permits an extension of time for performance, as opposed to compensation for damages sustained as a result of the delay. This allocates the risk of delay on the contractor and subcontractors. There are basically three types of delays with a construction project, which include: excusable, inexcusable and concurrent. The most basic element of a constructive acceleration claim is the existence of a delay which is ''excusable'' and which entitles the contractor to an extension of the time for performance.
John A. Snow
Parsons Behle & Latimer
- Attorney with Parsons Behle & Latimer, Salt Lake City, Utah
- Practice consists of general civil litigation, including commercial, professional malpractice, construction, and insurance coverage and defense
- Designated in The Best Lawyers in America as Lawyer of the Year in litigation, real estate, and construction law; and designated in the areas of practice of legal malpractice defense, commercial litigation, and construction
- Designated in Utah Business magazine’s Utah Legal Elite in the areas of business and civil litigation and construction law and as a Super Lawyer in the Mountain States in Super Lawyer Magazine
- Chair of the Ethics Advisory Opinion Committee of the Utah State Bar
- Can be contacted at [email protected] or 801-536-6772
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