“No Damages for Delay” Clause Enforced Against Contractor Claim
ConstructionRisk.com Report Vol. #13, Issue #5
See article in the following topic indices:
Contract - Onerous Language,Contract-Bargain Enforced,Damages,Delays,No-Damage-for-Delay,Public Policy Arguments
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Where a contractor signed a contract with a municipality that included a clear and unambiguous “no damages for delay” clause, it was held that such a clause did not violate public policy, and that as a result of the clause the contractor was not entitled to recover its delay damages despite the fact that the [...]
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No Excuse for a Bad Contract
Contract - Mutual Mistake,Contract - Onerous Language,Contract - Unconscionable,Contract Language,Warranty
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I am sometimes asked during my risk management seminars if a party to a contract can safely sign an onerous contract with harsh indemnification clauses or other clauses that create excessive liability for an “innocent” party and then avoid the consequences by having a court hold the terms to be unconscionable and, therefore, unenforceable. Those [...]
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