White Paper

18 Pages
  • 18 Pages

Eichleay Damages and Delay Claims - Who Has the Burden of Proving Delay and How Do They Prove It?


The issue of delay is consistently present in construction cases.

Typically, each side produces an expert at trial to present its view of who delayed the project and what the impacts of that delay were. This white paper examines case law regarding who has the burden of proof on the issue of delay and how that burden of proof can be met.



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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