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Disputes in Construction
Holloway Consulting provides construction consulting, expert witness, advisory and management services to U.S. and international clients. Home Contact Our Team Newsletters/Articles Blog hcgexperts.com
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CONSTRUCTION CLAIMS
The Holloway Consulting Group has been retained as a construction consultant or expert witness on numerous projects where a contractor has been terminated or is soon to be terminated, either for cause or for convenience, and where the contractor has abandoned the job, under unit price, fixed-price, GMP and Cost-plus contract forms. Its impractical if not impossible to describe all of our construction claims experiences in terminated contracts cases here. Circumstances vary widely and the termination process is
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different in AIA contracts versus custom agreements, and because the terms of general contractor/subcontractor agreements vary widely. Nevertheless, we have seen at least three formula applied to the quantification of contractor termination damages:
Contractors Damages
If it is shown that the contractor terminated the contract for cause, he may be entitled to claim to recover payments for work executed and earned, and for proven compensable loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages.
Contractors Termination
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Prior to termination or abandonment, the contractor can elect to suspend the work if a material breach has occurred such as untimely payments by the owner of valid payment applications where proper notice has been given, and where the contractor is not in breach. This is a much safer course of action than termination, and it allows the owner a chance to cure. If the contractor must terminate for cause, he must comply the terms of the contract and provide proper formal written notice to the owner. If both the owner and contractor are in material breach of contract at the time of termination, the above assessments and formula may change and the relative nature and degree of the breaches become relevant. Termination and damages will be examined in greater detail here in the future. The Holloway Consulting Group, LLC Construction Claims Experts Construction Expert Witnesses 12081 W. Alameda Pkwy., #450 Lakewood, CO 80228-2701 Denver Phone: (303) 984-1941 International Toll Free: (888) 545-0666 Fax: (303) 716-0432 Email: steve.holloway@disputesinconstruction.com Blog: disputesinconstruction.com Web: hcgexperts.com
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