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Deconstructing Delay Claims

Abstract

The unavoidable fact is that construction delay claims in any jurisdiction are complex. Complexity leads to unpredictability, both in terms of how parties should conduct themselves during a construction project as well as when lawyers must advise their clients as to the strength of their positions. Volumes have been written about each topic addressed in this paper. This paper attempts to pull together the various strands of Canadian delay claim cases and analyses into a concise (and therefore overly simplified) summary document.

Author

Portrait image of Yonni Fushman
Yonni Fushman
EVP and CLO, Aecon Group Inc., Canada

Yonni graduated cum laude from Boston University School of Law in 2001. After four years in securities and litigation private practices in Boston and San Diego, he joined Aecon in Toronto in 2005, where he currently holds the position of Vice President and Assistant General Counsel. In that role, Yonni oversees a team of seven lawyers with various areas of practice ranging from securities law to construction litigation. Since 2010, Yonni has also had executive responsibility for Aecon’s Qx Locates business unit. Yonni is an active participant on the OBA Construction Law Executive and a co-founder of the Construction Sector In-House Counsel Forum.

Company

Aecon Group Inc. logo

Aecon Group Inc.

Aecon is Canada’s largest publicly traded construction and infrastructure development company. (ARE/TSX)

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