Owners may argue that a contractor’s delay claim is barred because the contractor signed a release during construction of the project. Owners may also argue that a delay claim is barred because there was an accord and satisfaction regarding such a claim.

While the defenses of release and accord and satisfaction are often lumped together, there are nuances to both defenses. A tribunal recently considered both defenses in a decision that ultimately resulted in the denial of an owner’s motion for summary judgment based on a release a contractor signed during construction.Continue Reading The Defenses of Release and Accord and Satisfaction to Delay Claims