Similar to both extended field overhead and unabsorbed home office overhead liquidated damages result from only critical project delay.
Home office overhead delay damages. Daily overhead x days of owner caused delay home office overhead owed like the first variation to eichleay this formula attempts to allocate hooh for the original contract period first to the project and then on a daily basis to determine the compensation owed. Typically liquidated damages are calculated as a daily rate. Home office overhead costs are costs that are incurred to support the work but are not directly chargeable to a specific project. This paper focuses on several areas.
This is simply a matter of multiplying the number of compensable delay days by the daily allocable overhead rate. Eichleay compensable home office claim 1. Luckily enough the courts have been kind enough to create a formula to allow for calculating the monetary amount for home office overhead that corresponds to the unplanned increase in resources as a result of a delay. Overhead and the eichleay formula.
This means that the eichleay formula is one way of calculating home office overhead damages for construction delay claims in ohio. Thus in this case our contractor s claim is 11 462 in compensation for home office overhead that should have been allocated to this job because of the increased duration of the project. The most commonly applied method for calculating home office overhead claims for damages due to delay is the eichleay formula. If delay is defined more narrowly as only non critical delay a delay that is not the cause of an extended project duration then the potential damages are still there but would likely not include extended field overhead costs unabsorbed home office overhead costs and liquidated damages.
Unabsorbed home office overhead is also a well known but not well understood delay damage and like extended field overhead is only caused by a critical project delay. Home office overhead costs are costs that are incurred to support the work but are not directly chargeable to a specific project. Owners should rely on advice from counsel when calculating the amount of liquidated damages to ensure jurisdictional compliance. The eichleay formula is one of the most used calculations when computing home office extended overhead costs or damages in construction delay claims construction delay claims about extended overhead are among the most complicated claims and almost always require the services of an expert to both determine damages and how those costs can be recovered.
And for those ohio contractors and subcontractors pursuing a delay claim for home office overhead complete general construction also included some tailoring for when the claims are governed by ohio law.