Construction Risk
  • Home
  • About
    • About Us
    • Contract Review Service
    • Personnel
  • Casenotes Report
    • Newsletters (2010-current)
    • Newsletters (1999-2010)
    • Newsletter Videos
    • Topics
  • Design and Construction Contracts
    • Reasonable Contract Clauses
    • Indemnification Clause
    • Limitation of Liability Clause
    • More Contract Topics
  • CLE Video
    • Contract Topics in 1 Minute
    • Contracts for Design Professionals
    • Design / Build Lessons Learned
    • Jobsite Safety Responsibility and Liability
    • Working on Purpose
  • CLE Written
    • Books
    • Webinars on Construction Risk Management
    • Setting & Achieving Goals
    • Design Professional Litigation 2016
    • Design Professional – Contract Review Workshop
    • Lessons Learned 2016
    • Design-Build Risk Management
    • Design Professional Litigation 2015
    • Jobsite Safety Responsibility Litigation Lessons Learned
    • Managing Design Professional Risks
  • Contact
Select Page

No Damage for Delay" Clause Not Enforceable

by Kent Holland | Feb 8, 2011 | Newsletter Article

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...

Architect Wins Entitlement to Damages, but Recovers Nothing, Because it Failed to Keep Adequate Cost Records

by Kent Holland | Feb 8, 2011 | Newsletter Article

An architect performed both design and construction administration services under its contract with a school district. When the construction contractor completed the project eight months late, the architect alleged that it was entitled to recover compensation for the...

"No-Damage-for-Delay" Clause Unenforceable where City Withheld Superior Knowledge about Site Conditions and Caused the Delay

by Kent Holland | Feb 7, 2011 | differing site conditions, Newsletter Article

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...

A/E Would Be Entitled to Compensation for Additional Services Due to Contractor Delay if it Hadn't Failed to Prove Damages

by Kent Holland | Jan 11, 2011 | Newsletter Article

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;...

$26.9 Million in Liquidated Damages Not a Windfall to Power Plant Owner

by Kent Holland | Dec 31, 2010 | Newsletter Article

On October 30, 2009, the DC Superior Court confirmed an August 17, 2009 arbitration award issued by a three-member arbitration panel in New Athens Generating Co. et al. v. Bechtel Power Corp. et al. The Panel awarded $26,950,000 in liquidated damages against the...
Next Entries »

Search

Get the Newsletter

Subscribe to ConstructionRisk Report.

Subscribe

Connect

 LinkedIn YouTube RSS E-mail

Contract Guide for Design Professionals

Downloadable here

Recent Newsletters

ConstructionRisk Report (November 2025)
ConstructionRisk Report (October 2025)
ConstructionRisk Report (July 2025)
ConstructionRisk Report (May 2025)
ConstructionRisk Report (April 2025)

All Newsletters

  • Newsletters (2010-current)
  • Newsletters (1999-2010)

Risk Management Workshops

Cybersecurity: Protect Your Digital Assets & Online Presence

Ethics for Engineers

Design professional’s design duty to mitigate against extreme weather events

Risk Management of Code Compliance

Design Professional’s Design Duty to Mitigate Against Extreme Weather Events

QA/QC and Efficiency Tactics for Design Professionals

Lessons Learned 2017 Litigation

Sexual Harassment in the Workplace Webinar

AIA B101 – Comparing 2007 & 2017 Owner-Architect Agreement

Design Professional – Contract Review Workshop

Design Professional Litigation – Lessons Learned 2016

Design-Build Risk Management

Design Professional Litigation 2015

Life Skills Workshop Slides

Setting & Achieving Goals

Contract Clauses – Papers and Articles

  • Indemnification Clause
  • Limitation of Liability Clause
  • Professional Standard of Care
  • Duty to Defend
  • Do Not Agree to Defend
  • Economic Loss Doctrine: A Good Defense
  • Establishing Time Limits for Filing Suit
  • Liquidated Damages Clause
  • Pay IF Paid or Pay WHEN Paid
  • Third Party Claims Against Professional Consultants

Construction Risk Management

Papers and Articles

Connect

 LinkedIn YouTube RSS E-mail

Get the Newsletter

Subscribe to ConstructionRisk Report.

Subscribe

Links

  • Contact
  • Disclaimer for Website Use
  • Disclaimer for ConstructionRisk.com Newsletter
Copyright © 2025 Kent Holland. All Rights Reserved.