constructive acceleration damage

SNC-Lavalin America, Inc. v. Alliant Techsystems, Inc.
2011 U.S. Dist. LEXIS 118312 (W.D. Va. Oct. 13, 2011)

SNC-Lavalin America, Inc. and Alliant Techsystems, Inc. (“ATK”) entered into a contract under which SNC would provide engineering, procurement, and construction services for the construction of a nitric acid and sulfuric acid concentration plant at the Radford, Virginia arsenal operated by ATK. SNC claimed that ATK’s delay in choosing an appropriate acid-resistant concrete for the ground floor and ATK’s denial of SNC’s request for an extension of time for severe winter weather each damaged SNC.

ATK moved for partial summary judgment, seeking to bar, among others, SNC’s claims (1) resulting from ATK’s delay in choosing a material and (2) resulting from severe winter weather.Continue Reading U.S. District Court for Western District of Virginia Allows Constructive Acceleration Claim to Proceed