No-Damages-For-Delay Clause Enforced Even When Owner and Other Contractors Caused Delay
A no-damages-for-delay clause was held to prevent a contractor from recovering damages for delays even where there was evidence that poor planning and administration by the project owner contributed to delay and there was evidence that work by other contractors adversely impacted the schedule. This case involved a suit by a contractor against the Dormitory [...]
Liquidated Damages in Design-Build subcontract Are Enforceable Even Where Far Exceeding Actual Damages
Where a contractor entered into a design-build contract with the U.S. Navy to build four buildings at the Pensacola Naval Air Station, and included a liquidated damages (LD) provision in the subcontract with its subcontractor, that LD provision was enforceable despite evidence that the actual damages incurred by the contractor as a result of alleged [...]
“No Damages for Delay” Clause Enforced Against Contractor Claim
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 [...]
Contractor Terminated for Default for Failure to Adequately Respond to Cure Notice
Where contractor failed to respond adequately to the Navy’s reasonable request of assurances of timely performance, the Navy was entitled to regard the contractor’s failure to provide such assurances as a breach of the contract. The issuance of a cure notice may be justified even if the circumstances at that point do not justify a [...]
No Damage for Delay Clause Not Enforced
A construction contractor was delayed in completing a road construction project by a flaw in the design provided by the project engineer. The project owner (Broward County, Florida) denied the contractor’s delay and impact claim, asserting that it was barred by a contract provision entitled “No Damages for Delay.” The courts held that to the [...]
A/E Would be Entitled to Compensation for Additional Services Due to Contractor Delay if it Hadn’t Failed to Prove Damages
An architect proved that it was entitled to be compensated for additional services it provided as a result of the construction contractor’s delay in completing work. Due to the delay, the A/E performed extra duties such as responding to questions from subcontractors; responding to lengthy punch lists; preparing lists and information that the contractor was [...]
Delay Claims in Construction Cases: Common Pitfalls
Some of the most common disputes in construction cases relate to delay. However, delay claims tend to be some of the least understood and frequently confusing claims in the construction field. A clear understanding of the basic elements necessary to prove delay claims is invaluable in the processing of complex construction claims. Much as it [...]
