Construction Delay: Responsibilities, Risks, and LitigationCahners Books International, 1976 - 367 pages |
From inside the book
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Page 24
... waiver , served written notice of claim for damages for delays and disorganized performance . The fact that this was done two and one - half years after the execution of the waiver was not Egan's fault . Egan felt subject to the duress ...
... waiver , served written notice of claim for damages for delays and disorganized performance . The fact that this was done two and one - half years after the execution of the waiver was not Egan's fault . Egan felt subject to the duress ...
Page 27
... waiver of plaintiff's valid claim . The Appellate Court below incorrectly stated that " It was the plaintiff who injected the condition into the bargain , namely , that both sides waive any rights to due delay , " and that the ...
... waiver of plaintiff's valid claim . The Appellate Court below incorrectly stated that " It was the plaintiff who injected the condition into the bargain , namely , that both sides waive any rights to due delay , " and that the ...
Page 32
... waiver , and whether such disaffirmance was timely made . The jury , charged by the Trial Court , without exception taken by defendant , that it could determine whether plaintiff had disaffirmed the waiver with reasonable promptness ...
... waiver , and whether such disaffirmance was timely made . The jury , charged by the Trial Court , without exception taken by defendant , that it could determine whether plaintiff had disaffirmed the waiver with reasonable promptness ...
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Common terms and phrases
action actual additional Aetna agreed agreement alleged amount appeal approval arbitration architect award basic basis borrow pits breach of contract building caused change orders City City of Littleton clause Commissioner Company complaint construction contract contracting officer coordination Corp counsel County court found court held curtainwall damages for delay defendant defendant's delay claim delay damages dispute documents drawings duress Egan engineer evidence extension of contract extra fact failure Fenestra Hammermill Hancock HVAC imposed included installation involved jury liquidated damages litigation material method Obata and Kassabaum owner parties payment percent performance Peter Kiewit Sons plaintiff plans and specifications plumbing prime contractor progress quantum meruit question reasonable recover Reference refused responsible result rule schedule shop drawings subcontractor substantial completion suit supervision Supreme Court tion Town of Poughkeepsie tract tractor trial court United waived waiver York