Eichleay Damages and Delay Claims

• Overview
• Agenda
• Faculty
• Credits

Benefits

The latest issue in Eichleay debates is whether Eichleay damages are dead or just dying. Eichleay damages are only recoverable upon certain elements being met, but the elements continue to get stricter interpretation. Entitlement to Eichleay damages requires proof of three elements: 1) an owner imposed delay; 2) there is standby; and 3) while on standby the contractor cannot take on substitute work. Under this stricter federal standard, a contractor must demonstrate effective suspension of much or all of its work to satisfy the standby requirement for entitlement to Eichleay damages. Should you even focus on Eichleay damages in your delay claim? What are keys to a successful delay claim? What contract provisions will bolster a delay claim? This teleconference will discuss these issues and more on delay claims.

Leaning Objectives:

• You will be able to identify the mathematical ingredients to calculating the Eichleay formula.
• You will be able to review the pros and cons to Eichleay formula and Eichleay damages.
• You will be able to explain what are non-Eichleay damages in delay claims.
• You will be able to describe flow down contract clauses.