Busch Tampa and SheiKra contractor trying to head off litigation

Posted Monday, November 7, 2005 10:18 AM | Contributed by Jeff

Busch Gardens is involved in pre-lawsuit mediation with Sultenfuss Inc., its SheiKra contractor. It incurred extra work to meet the amusement park's deadline, after delays were caused by four hurricanes last year. An attorney for the contractor expects the case to be settled out of court.

Read more from The Baysider via Tampa Bay Business Journal.

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Monday, November 7, 2005 8:49 PM
Dont you love America? Home of suing for stupid reasons!
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Monday, November 7, 2005 9:55 PM
The story isn't clear about what happened, but it sounds like BGT had a definite deadline date by which all work had to be done. Because of the hurricanes, the contractor lost so many days of work. To make sure the work was completed by the deadline, the contractor probably had his crews work overtime, weekends, whatever. Now he's expecting to be reimbursed for the extra labor costs he had to pay his workers.

Unfortunately, the article doesn't give a specific amount involved. A well written contract would have been specific about what, if any, delay was acceptable, and under what circumstances.

With the limited information given, this is a tough one to call. Do you tell the contractor, tough, you knew what had to be done and when, and you signed a contract to that effect? Or do you say to Busch, hello there were 4 hurricanes fer pete's sake, you want it finished by a certain date, you should be willing to pay some overtime?

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Monday, November 7, 2005 10:54 PM
Yeah, I wouldn't call it stupid since we don't know the underlying circumstances. As someone who does contract work (unaffected by weather), you have situations where there is some gap in expectations, and if both parties can't agree, you end up having to litigate. That's why in the software world we tend to spend a lot of money up front just defining what the hell it is you want us to build in the first place!
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