In an article published in Construction Business Owner on April 16, 2024, Judah Lifschitz and Laura Fraher, partners in the firm’s Washington, D.C. office, discuss the Francis Scott Key Bridge collapse and its aftermath. They dive into the potential legal liabilities for project owners following the collapse, specifically which parties will have potentially liability for myriad costs, EPC contracts, investigation processes and key factors that contribute to successful resolution of construction-related disputes.
The calculations of liquidated damages in construction disputes are also discussed throughout the article. "Liquidated damages would not be applicable in a case like this," said Lifschitz and Fraher. "However, given the need to reconstruct the bridge as quickly as possible it is likely that there will be a liquidated damages provision in a future contract to build the new replacement bridge."
On the topic of key factors that contribute to successful resolution of construction-related disputes, they discuss that the most important step is drafting and negotiating the contract. The odds of a successful resolution increase significantly when developing a full understanding of the facts and legal issues.
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