In the well-known fable, the tortoise’s slow and steady pace prevailed. But how often do your construction projects resemble a fairy tale? The practice of “pacing” makes common sense in construction just as it does in racing. But pacing can be misunderstood in the context of a delay claim and can even cause the contractor to lose its claim for delay damages. Here’s a cautionary look at pacing and delay claims.

The concept of liability for delay is familiar, but important to restate as a foundation of this discussion. Delays fall into one of four categories, with differing outcomes.

• Owner-caused delays are often called “compensable delays.” The contract and/or common law typically allows the contractor relief for added time and cost for these delays. (This is contemplated in Section 6.3.2 of ConsensusDocs 200.)

Reprinted courtesy of Curt Martin, Peckar & Abramson, PC and Lee Banta, Peckar & Abramson, PC

Mr. Martin may be contacted at cmartin@pecklaw.com
Mr. Banta may be contacted at lbanta@pecklaw.com