It has long been the law in Florida that a Plaintiff alleging faulty design or construction is entitled only to the reasonable cost of bringing the structure back to its “original condition,” plus costs of business interruption and/or loss of use – i.e. “delay damages.” See e.g. Grossman v. Sea Air Towers, Ltd., 513 So…. Continue Reading
Category Archives: Delays
Subscribe to Delays RSS FeedMassive Cost Overruns at World Trade Center Project – Unfortunate Situation for Contractors on a Meaningful Project
Posted in Bids, Change Orders, Construction, Construction Contracts, Contractors, Delays, SubcontractorsThousands gathered on September 11, 2012 at the World Trade Center site in New York, which marked the 11th anniversary of the September 11th terrorist attacks. Although the construction of the World Trade Center project is not nearly complete, the construction of the One World Trade Center, a 104-story building, has begun to fill the… Continue Reading
Contractor’s Home Office Overhead Likely Unrecoverable
Posted in Construction, Construction Contracts, Contractors, Delays, SubcontractorsWhen public construction projects are delayed by the government, contractors are often unable to bid on additional jobs and perform other work during the delay period. As a result, contractors often seek damages from the government for extended home office overhead during this delay, commonly referred to as Eichleay damages. However, courts have continually limited contractors’ ability to recover these costs by imposing burdensome requirements, which… Continue Reading