“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 Damage for Delay" Clause Not Enforceable
Construction Management,Damages,Delay,No-Damage-for-Delay,Notice Requirements
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Where an electrical contractor was delayed in completing its work, the project owner, school district, asserted that the contractor’s claim for delay damages was barred by a “no damages for delay” clause in the contract. The trail court concluded that the clause did not bar the plaintiff’s claim, and the appellate court agreed. Delays were [...]
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No Damage for Delay Clause Not Enforced
Damages,Delays,Foreseeable,Fraud,Indemnification,Interference with Contract,No-Damage-for-Delay,tortious interference
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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 [...]
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A state court in California declined to enforce a “no-damage-for-delay” clause that would have deprived a construction contractor of equitable adjustment for time delays and expenses caused by the project owner, City of Los Angeles. The city had superior knowledge concerning site conditions which it withheld from the bidders. The city also impeded access to [...]
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