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FACTS:
ISSUE:
HELD:
The CIAC found Diesel not to have incurred delay, thus negating
UPSI’s entitlement to liquidated damages. The CA, on the other
hand, found Diesel to have been in delay for 45 days. In
determining whether or not Diesel was in delay, they
considered the fact that Diesel had the Project period
extended beyond 90-day completion period. Both agreed that
there were factors that gave Diesel the right to an extension
but differed on the matter of length of the extension, and on
the nature of the delay, that is, whether the delay is excusable
or not.