1. An issue commonly dealt with in the construction industry is that of practical impossibility or commercial senselessness. Do you agree with the idea of allowing a contractor relief from the...

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1. An issue commonly dealt with in the construction industry is that of practical impossibility or commercial senselessness. Do you agree with the idea of allowing a contractor relief from the obligation of performance once such performance would become impractical due to the extreme expense the contractor would incur based on expenses not originally contemplated at the time of the contract? Or, do you feel that there should be every effort made to contemplate such expenses prior to and taken into account in executing the contract? What impact would bonds have on this type of situation?



2. Do you think liquidated damages provisions are fair? Should every type of excusable delay be included in a construction contract? Why or why not?

Answered Same DayJan 21, 2021

Answer To: 1. An issue commonly dealt with in the construction industry is that of practical impossibility or...

Azra S answered on Jan 22 2021
144 Votes
Practical Impossibility and Liquidated Damages
The principle of practical impossibility holds that
at some point in the construction, the circumstance or cost may become such that it would become impossible to complete the construction according to the terms of the construction contract. This may occur due to some unforeseen circumstance that might not have been considered at the time of the contract.
While such circumstances are not common, it is a better idea to construct a contract with some flexibility for the unforeseen...
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