John Mark Goodman | BuildSmart A federal court in upstate New York is permitting a subcontractor’s delay claim to proceed notwithstanding a “no damages for delay” provision in the subcontract. The case, The Pike Company, Inc. v. Tri-Krete, Ltd., involves delay claims asserted by a subcontractor hired to install pre-cast concrete walls on a college dormitory project. The… Continue reading Yes, Damages for Delay: Court Permits Delay Damage Claim to Proceed
Tag: No Damages For Delays
Construction Contract Basics: No Damages for Delay
Christopher G. Hill | Construction Law Musings After WAY too long a hiatus, I am back with another in my series of “Construction Contract Basics” posts. In past posts, I’ve covered venue provisions, attorney fee provisions, and indemnity clauses. In this post, I’ll share a few thoughts (or “musings”) on the topic of so-called “no damages for delay”… Continue reading Construction Contract Basics: No Damages for Delay
No Damages for Delay May Not Be Enforceable in Virginia
Christopher G. Hill | Construction Law Musings Anyone who reads Construction Law Musings with any regularity (thank you by the way) knows that the contract is king in most instances here in Virginia. Any commercial construction subcontractor in Virginia is likely also very familiar with so-called “no damages for delay” clauses in construction contracts. These clauses essentially state that… Continue reading No Damages for Delay May Not Be Enforceable in Virginia
Florida Court of Appeals Holds That County’s “Active Interference” Overrides “No Damages for Delay” Clause
Annie D. Rosenthal | Saul Ewing Arnstein & Lehr Earlier this year, the Second District Court of Appeal of Florida held that a “no damages for delay” clause “will not be enforced in the face of governmental fraud, bad faith, or active interference with performance under the contract.” Sarasota County, Fla. v. Southern Underground Industries, Inc.,… Continue reading Florida Court of Appeals Holds That County’s “Active Interference” Overrides “No Damages for Delay” Clause
Slow As A Turtle? Florida Court Finds “No Damages for Delay” Clause Has Limits
Matthew DeVries | Best Practices Construction Law My commute home last night took longer than usual. It was not excessive traffic, an accident, or a stalled car. Rather, the cause of my delayed commute was a turtle: one single turtle crossing the road, holding up about 30 cars for what seemed like an eternity. (Never… Continue reading Slow As A Turtle? Florida Court Finds “No Damages for Delay” Clause Has Limits