Matthew J. Ninneman
Matthew Ninneman is the executive editor of the American Bar Association Forum on Construction Law’s newest book, Time: Legal Implications of Project Delay in Construction. Project delay is a major issue that is disputed and often litigated due to the measure of damages, the disputed facts relating to the delay, and the competing opinions of delay consultants. The parties will dispute whether delays are on the critical path, whether they are concurrent with other project delay for which it is not responsible, whether they actually caused any delay, and whether the designers and/or contractors are entitled to change orders for additional time, including compensation for the delay. Disputes often hinge on how the delay is quantified or measured, what delay model is used to determine the delay timeframe, whether liquidated damages are excessive or reasonable actual damages can be quantified, how the schedule was developed and updated, and how and whether the schedule can be recovered or accelerated to mitigate project impacts and costs.
This book is intended to serve as an essential tool to educate any party on a construction project, and the legal professionals who advise them, to understand the fundamental issues of delay and its impacts on a project, and the strategy and necessary elements of the claims and defenses that are relied on to maximize or mitigate the delay costs.