The plaintiff contractor brought an action against the defendant owner for extension and delay costs incurred during a construction project governed by a CCDC2 fixed price contract.
The project was delayed by six months due to owner-directed changes and design issues, which were addressed through Change Orders that extended the contract time and increased the price, but did not include the contractor's site and delay costs.
The court dismissed the action, finding that under the fixed price contract, the contractor was required to include all costs associated with a change in the Change Orders, or alternatively, provide timely written notice of a delay claim.
The court also declined to grant relief from forfeiture, concluding that the contractor's failure to follow the contractual notice provisions was unreasonable and undermined the cost certainty intended by the contract.
