The Risk of Spoliating Electronic Schedules

Schedules are an important part of proving or refuting delay and other impact claims because they provide a detailed medium for comparing and measuring time and intent. The use of a detailed method to present a time claim is important to establish the claimant's entitlement to both the delay...

Michael T. Callahan on Greg Opinski Construction, Inc. v. City of Oakdale

In this Analysis, Michael T. Callahan discusses Greg Opinski Construction, Inc. v. City of Oakdale , 199 Cal. App. 4th 1107 (Cal. App. 5th Dist. 2011) [ enhanced version available to lexis.com subscribers ], in which the California Court of Appeal held that a contractor could not defend an owner's...

Michael T. Callahan on American Underground Eng'g, Inc. v. City of Syracuse

In this Analysis, Michael T. Callahan discusses Am. Underground Eng'g, Inc. v. City of Syracuse, 2011 U.S. Dist. LEXIS 117102 (N.D.N.Y Oct. 7, 2011) [ enhanced version available to lexis.com subscribers ], finding that a contractor presented no proof how its home office overhead was affected by...

Construction Delay Damages Can Be Tough to Show

Recently, there have been a few cases in construction that have grabbed the headlines (or at least those at this and some other blogs). The biggest stir seems to be from the Jacobs Engineering case discussed so ably by Matt Bouchard in last Friday's Guest Post . However, while the "headlines"...