Addressing Loss of Productivity and Delay Claims
The complexity of projects, complicated schedules and trade coordination issues commonly give way to claims for delay and loss of productivity. Whether you are an owner or a contractor, cost overruns and schedule delays are problematic and the resulting costs need to be born by the responsible party. Our construction attorneys commonly prosecute and defend delay and loss of productivity related claims.
Delay Claims
Proving up or defending a delay claim requires a clear understanding of a myriad of factual and legal issues.
- Excusable or non-excusable delay: Are you entitled to more time pursuant to the contract? What was the cause of the delay? Acts of God? Weather? Other trades? Changes? Labor strikes? Access issues?
- Compensable or noncompensable: You've got the time extension but can you recover the time related costs associated with the delay?
- Delay damages: Your delay is compensable but what does that mean? What type of costs can you recover? Field office overhead? Unabsorbed home office overhead? What is the proper standard of proof?
When you are faced with more questions than answers, contact a construction attorney at Herrig & Vogt, LLP today to assist with your delay claim.
Loss of Productivity / Inefficiency Claims
Proving up or defending an inefficiency claim provides a whole new set of factual and legal issues to be understood.
- Measuring inefficiencies: What method should you use? Measured Mile? Modified total cost? Total cost? Industry studies?
- Identifying the causes: Adverse weather? Out of sequence work? Stacking of trades? Overtime? Change orders? Proper coordination?
- Recovery issues: What contractual clause can you use for a legal basis to recover? Did you comply with the notice requirements? Did you waive your rights?
Whether you are prosecuting or defending a claim, the attorneys at Herrig & Vogt have the in-house resources, experience and knowledge to assist in putting your best factual and legal position forward.
Protect your business and your profitability. Consult a lawyer who understands construction as well as construction law. Contact the Herrig & Vogt law firm for an appointment in Sacramento, San Luis Obispo or Los Angeles or our Washington offices in Kennewick and Redmond.
