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Holder Constr. Group v. Georgia Tech. Facilities Inc.

The parties' "fast-track" construction contract placed the risk of construction delays and cost overruns on the plaintiff.

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Holder Construction Group appeals from the trial court’s order granting summary judgment to Georgia Tech Facilities GTF on Holder’s claims under a construction contract. For reasons that follow, we affirm. The record shows that Holder and GTF entered into a contract for the construction of the Georgia Tech Family Apartments project. The contract was of a type known as “fast-track” construction, under which construction is begun before the designs are completed. Under the contract at issue, Holder, the construction manager, assumed the obligation to construct the project for a stipulated sum or guaranteed maximum price. This is known as a construction-manager-at-risk contract, under which the construction manager holds the trade contracts and is at risk for performance deficiencies, construction delays, and cost overruns. John I. Spangler III & William M. Hill, The Evolving Liabilities of Construction Managers , Construction Lawyer, January, 1999 at 30.

After construction on the project had begun, Holder experienced difficulties due to an increase in steel prices and the late delivery of steel materials. Because of these problems, Holder requested a 67-day time extension. GTF denied the request.

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