The firm represented the prime contractor on a hard-bid new construction of a nine-building adult learning center on a community college campus. The project ran 233 days beyond scheduled completion and the owner assessed liquidated damages against the firm’s client, citing delays caused by a defaulting steel subcontractor. The firm sued to recover the contract balance and extended general conditions. Prior to significant discovery, the firm steered the case into mediation. The firm’s presentation first negated the liquidated damage claim by showing the numerous design changes and 174 Requests For Information that occurred during the liquidated damages period. The firm then detailed the prime contractor’s entitlement to a compensable time extension using a contemporaneous schedule analysis to identify the critical path impacts. The case settled at mediation with significant payment to the firm’s client.
Counsel: P. Randolph Finch Jr.