15Jan
ASBCA Holds that Anticipated Days of Adverse Weather Do Not Decrease Delay Damages
Many construction contractors working with the United States Army Corps of Engineers (USACE) have seen it happen: they experience a government-caused delay or suspension, which USACE agrees to pay for, but then USACE deducts the anticipated adverse weather days stated in the contract for the delay period from the compensable time extension. That may no longer be a defensible practice after the ASBCA’s recent decision in the Appeal of Granite Construction Company....
By:
Obermayer Rebmann Maxwell & Hippel LLP
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