Most construction contracts or construction supply agreements contain required completion or delivery dates. Some also incorporate a construction schedule. But some contracts neither provide a specific, firm completion date nor expressly incorporate any construction schedule.
If an agreement does not provide a completion date or does not incorporate a schedule, may a construction schedule nevertheless assist in determining a party’s timeliness obligation? That issue was addressed in the recent case of International Production Specialists, Inc. v. Schwing America, Inc., 2009 U.S. App. LEXIS 19842 (7th Cir. Sept. 2, 2009).