Legal Aspects of Transit and Intermodal Transportation Programs. Topic 19-04. Transit Sponsor and Contractor Delay Damages and Remedies Due to Third Parties - Transit Facility Improvements-Common Legal Issues and Solutions

Transit agencies are often involved in facility construction projects. These may be transit fixed stations, maintenance, and similar facilities as well as longitudinal facility construction, surface and underground. Project sponsors have contracts that may be used to control its exposure to claims of sponsor-caused delays, but sponsors and their contractors often are impacted by delays due to the conduct or nonperformance of third parties outside of the contract. These third parties cause project delivery delays and increased costs, both at the bidding and performance stages of the contract. The risk of nonperformance or delayed performance by third party contractors may result in increased bid prices and project costs, from the perspective of the sponsor, the sponsor’s contractor and subcontractors, and the public. The objective of this research is to produce a legal research digest that provides potential remedies available to the sponsor and contractors that experience increased costs due to delays and show how those damages are measured. Remedies must include legal and administrative remedies, including risk allocation, and legal and practical enforcement issues.

• Record URL:
  http://apps.trb.org/cmsfeed/TRBNetProjectDisplay.asp?ProjectID=4821
• Supplemental Notes:
  • Contract to a Performing Organization has not yet been awarded.

Language

• English

Project

• Status: Proposed
• Funding: $50000
• Contract Numbers:

  Project J-05, Topic 19-04

• Sponsor Organizations:

  Transit Cooperative Research Program

  Transportation Research Board
  500 Fifth Street, NW
  Washington, DC    20001

  Federal Transit Administration

  1200 New Jersey Avenue, SE
  Washington, DC  United States  20590
• Project Managers:

  Chisholm-Smith, Gwen

• Start Date: 20211101
• Expected Completion Date: 0
• Actual Completion Date: 0

Subject/Index Terms

• TRT Terms: Construction projects; Contract administration; Contractors; Costs; Delays; Intermodal transportation; Legal factors; Public transit; Risk management; Transit operating agencies
• Subject Areas: Administration and Management; Construction; Law; Public Transportation;

Filing Info

• Accession Number: 01712951
• Record Type: Research project
• Source Agency: Transportation Research Board
• Contract Numbers: Project J-05, Topic 19-04
• Files: TRB, RIP
• Created Date: Jul 30 2019 8:42AM