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Article Date: 11/29/2013


Sub Not Responsible for Delay -- Recovers Retainage, Extras and Attorney Fees


A prime contractor, not the subcontractor, was responsible for delay that caused the project owner to withhold liquidated damages. And, the contractor’s mismanagement caused the owner to refuse to pay for extra work performed by the sub. The subcontractor was entitled to the subcontract balance, the cost of the extra work and attorney fees under a state statute, which makes unilateral fee shifting provisions reciprocal.

 

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