Delay Claims

Conway & Mrowiec has successfully litigated, arbitrated and negotiated settlements of numerous delay and acceleration claims.  Some issues recently addressed by Conway & Mrowiec are: 

  • School Renovation.  Currently prosecuting construction manager as constructor's extended duration claim arising from owner's extensive changes to scope.
  • New School. Successfully represented a general contractor on a seven-figure claim in a multi-week arbitration against an earth retention subcontractor involving the cause of damages to an adjacent property and resulting loss of efficiency, delay and acceleration damages on impacted project.
  • Hospital.  Successfully represented a multiple prime contractor on a seven-figure claim in a multi-week arbitration against an owner involving out-of-sequence and delayed work ordered by owner’s construction manager and resulting in full recovery on modified total cost basis.
  • Retail/Hotel Complex. Litigated and successfully mediated on behalf of developer dispute with contractor under GMP contract for construction of an upscale retail/hotel complex. Issues involve alleged acceleration, disputes regarding scope of the GMP and owner direct payment to subcontractors.
  • Stadium. Prosecuted and settled delay and labor productivity claim for trade contractor on National Football League stadium.
  • Gasoline Refinery. Successfully defended EPC contractor of gasoline refinery from multi-million dollar claims of piping subcontractor for alleged delays, reduced labor productivity and changes at jury trial. The dispute involved a fixed price subcontract based on schematic design with detailed change methodology once the design was completed and the effect of numerous signed change orders thereafter. Additional issues included the subcontractor’s flawed estimating and claim pricing disproportionate to costs actually incurred.
  • High School.  Prosecuted and successfully resolved at mediation contractor's seven-figure claim for undisbursed payments, disputed changes and extended duration compensation.
  • Convention Center. Prepared acceleration claim for trade contractor on severely delayed convention center project resulting in conversion of lump sum with monthly progress payment trade contract to T&M with weekly payment in advance contract.
  • Blast Furnace.   Assisted an electrical contractor in prosecuting an acceleration claim and negotiating the resulting eight-figure labor cost change order on a steel furnace project.
  • Mixed Use High-Rise.  Successfully defended developer of mixed use high-rise from claim by retail owner of damages for multi-year delay in delivering residential portion of structure prosecuted in arbitration.
  • Primary School.  Successfully represented general contractor in claim prosecution and change order resolution during construction of compressed construction schedule because of changes and owner delayed decisions.
  • Hotel.  Successfully represented general contractor in arbitration against developer for suspension and extended duration just prior to opening of hearing.
  • Laboratories Complex.  Successfully represented electrical contractor in mediation against operator of laboratories complex for compensation for reduced labor productivity and delays resulting from holds and defective design.
  • University Dormitory. A major renovation project resulted in a multimillion dollar dispute among a university, a general contractor, an architect and the major trade contractors. After convincing all parties to agree to mediation, the owner and general contractor were each able to recognize the pass-through nature of most of the claims, allowing the settlement to be funded by the trade contractors and design consultants who were in fact responsible for the delays and additional costs.
  • New School Construction.  Recovered seven-figure delay claim on new 'high design' school relating to claims of design errors and omissions and owner failure to deliver utilities to site.
  • School Renovation. On behalf of general contractor, defeated electrical subcontractor’s large delay claim by showing bid errors and erroneous manpower loading assumptions despite owner-caused delays on three school-building renovation project.
  • Chemical Plant. A federal district court in Chicago upheld our arguments regarding cumulative impacts and exceptions to a no-damages-for-delay clause on a chemical processing plant project. Our cumulative impact theory permitted a contractor to recover losses of productivity due to multiple changes and delays without allocating a specific amount of loss to each event.
  • Renovation of Industrial to Condominium. Successfully settled immediately before commencement of scheduled multi-week arbitration hearing a delay dispute concerning fourteen-story condominium and retail project. The dispute involved determining multiple causes of delay to achievement of all milestones on a multi-milestone project. Our contractor client paid nothing on owner's claim of more than $3.5 million in liquidated damages and contractor recovered all extended site overhead costs.
  • Church. Successfully arbitrated award of 100% recovery for contractor's extended site and home office overhead delay claim on church project despite owner's argument that contractor failed to comply strictly with damages quantification provision of contract.
  • School Renovation. Settled, during fourth week of arbitration, delay and change order claims involving school construction, resulting in payment to contractor of 75% of contractor client’s claim and nothing to owner.
  • Arena.  Recovery at jury trial of multimillion verdict, affirmed on appeal, of mechanical contractor's acceleration, reduced labor productivity and consequential damages (lost profits on collateral contracts) claims against owner and construction manager on National Basketball Association arena.
  • Retail-Hotel Complex. Prosecuted on behalf of developer delay claim against architect of twenty-story retail and hotel project.
  • Water Treatment Plants.  Prosecuted delay and stand-by claims of electrical subcontractor on seven water treatment plants with construction administered by Army Corps of Engineers.
  • Convention Center.  Prepared acceleration claim for trade contractor on severely delayed convention center project resulting in conversion of lump sum with monthly progress payment trade contract to T & M with weekly payment in advance of contract.
  • Residential High-Rise. Recovered seven-figure claim of extended duration for construction manager within two months of filing suit.
  • Assisted Living.  Prepared acceleration and extended duration claim for electrical subcontractor and delayed assisted living apartment complex.
  • Museum.  Prepared and favorably settled general contractor's claim of delay, acceleration, reduced labor productivity and disputed change orders and defended against owner's liquidated damages counterclaim after denial of owner's motion to dismiss on contractual defenses.
  • Liquid Hydrogen Plant.  Preparation and prosecution of process piping design/builder's seven-figure extended duration, reduced labor productivity and unpaid change order claim against owner and subcontractor designer.
  • Pulp and Paper Mill.  Prepared and settled favorably before commencement of discovery seven-figure extended duration, acceleration and reduced labor productivity claim in federal court litigation.
  • Butyllithium Plant.  Prosecution of reduced labor productivity claim on behalf of process piping contractor on $3 million expansion settled favorably without litigation.
  • Library.  Recovered over $2 million in settlement of delay claims without trial for excavation and dewatering prime contractor on downtown Cleveland project.
  • Arena.  Recovered seven-figure judgment on delay claim in favor of steel erector against subcontractor fabricator after two-week federal trial in Salt Lake City federal court.
  • Hotel.  Defense of prime contractor and surety on $3.3 million federal court delay claim litigation by drywall/plastering subcontractor on $35 million hotel renovation project settled with no payment to subcontractor on delay claim and payment only of $200,000 retainage without interest.
  • Courthouse.  Representation of general contractor on $85 million courthouse project in prosecution of general contractor's change order and contract balance claims of $4.7 million and defense of owner's alleged delay damages of $1.15 million settled favorably to contractor for payment by owner of $4.2 million without litigation.
  • Railroad Yard.  Defended general contractor against track work subcontractor's claim for delay and disruption obtaining favorable settlement for general contractor immediately prior to trial.
  • Zoo.  Recovered contract balance and prosecuted delay and contract balance claim for general contractor against owner, which in turn made claims against architect.
  • Steam Generation, Dry Fly Ash Collection Facility.  Defended seven-figure delay and labor productivity claims brought by electrical subcontractor against constructor after four-week arbitration (and six months of litigation) before "blue ribbon" panel with subcontractor recovering only $82,000 and less than pre-arbitration offer.
  • Airport.  Prosecuted delay claim before Board of Contract Appeals on behalf of general contractor who, at mediation, recovered all costs, overhead and attorneys' fees.
  • Courthouse.  Litigation on behalf of general contractor on $85 million courthouse project against electrical subcontractor including seeking preliminary injunction against subcontractor to compel turnover of fire alarm record drawings for permanent certificate of occupancy, suit against subcontractor's retainage bond surety and defense of subcontractor's delay claim settling favorably to general contractor with backcharges to subcontractor and turnover by subcontractor of project close-out documents.
  • Cogeneration Plant.  Prosecuted litigation for design/builder against subcontract designer for acceleration, delay and output and emissions deficiencies on wood-fired cogeneration plant settled at early formal mediation for designer's E & O remaining policy limits of $1.7 million and represented design/builder in letter of credit draw against turbine manufacture/supplier for delays and defense of supplier's claim for progress payments settled favorably to design/builder who retained 2/3 of disputed amounts without litigation.
  • Public Transit.  Prosecuted general contractor's administrative claim for acceleration on railroad track replacement project and defense of liquidated damages claim, recovering delay damages requested without assessment of liquidated damages of litigation.
  • Corporate Headquarters.  Defense of architect from owner's pass-through of $7 million general contractor's delay claim on $50 million office project settled favorably with no payment by client.