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Most construction phase agreements and some pre-construction agreements contain a time is of the essence provision. If time is of the essence, a delay caused by the fault of the construction manager would constitute a breach of contract and could result in the construction manager's being liable for damages incurred by the owner as a result of the delay. If there is no time is of the essence provision, reasonableness will be the guide when measuring the timelines of the services provided by the construction manager.

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