Gain a better understanding of “time is of the essence” clauses.
“Time is of the essence” refers to a contractual position in which, if the subcontractor fails to complete its obligations by a specified date, then the contractor can treat the contract as terminated. Setting a completion date is not sufficient to make time of the essence. This video reviews indications of this type of clause and discusses when delayed performance will likely result in a material breach of the subcontract.
Agenda
Faculty
Lisa Lombardo
FBT Gibbons
- Partner in Construction Practice Group
- Has successfully litigated matters before the state and federal courts of New Jersey and New York, as well as the American Arbitration Association, with a focus on construction matters.
- Has distinctive experience in commercial and construction litigation, representing both plaintiffs and defendants.
- Served as co-lead counsel during a three-year-long arbitration representing a major university in a claim regarding substantial design and construction defects, which resulted in a multi-million-dollar award for our client and the arbitrator striking down a limitation of liability clause.
- Possesses extensive experience in drafting and negotiating contracts, frequently collaborating with owners, contractors, subcontractors, and designers. Engages in contracts for a wide range of projects, including academic centers, public schools, laboratory facilities, office buildings, energy facilities, public and private developments, as well as building additions of various sizes.
- Serves on the American Arbitration Association Panel of Construction Arbitrators, is a member of the Roster of Mediators, and is also listed on the New Jersey Superior Court Roster of Mediators, where she has mediated a broad range of civil matters.
- Can be contacted at [email protected] or 973.596.4500 ext. 4481
Meghal Shah
FBT Gibbons
- Associate in the Gibbons P.C. Commercial & Criminal Litigation Department
- Has assisted in briefing and preparing presentation, slides and materials to a Dispute Resolution Board regarding complex construction delay claims and has experience in drafting arbitration submissions regarding type 1 and type 2 differing site conditions
- She has also assisted with drafting project-specific construction agreements
- Completed a judicial clerkship at the Supreme Court of New Jersey for the Honorable Anne M. Patterson
- Can be contacted at 973-596-4717 or [email protected]
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