“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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A/E Contract Established Time Limit for Suit
Contract Enforcement,Latent Defects,Public Policy Arguments,Statute of Limitations,Time
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To better manage and price the risks associated with design services, A/E’s often include language in their contracts with their clients establishing a specific limitation on how long a client can wait before filing suit against the A/E for damages arising out of the professional services. AIA B141 includes a clause stating: “As between the [...]
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