“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...

No Damage for Delay" Clause Not Enforceable

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...

Engineer Not Liable for Breach of Implied Warranty of Design

When an engineer designed a road that failed because the impermeability of the underlying soil caused water to accumulate between the soil and the asphalt, resulting in the road floating and the asphalt cracking, the project owner sued  for negligence and breach of...

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...