Chris Broughton | ConsensusDocs Introduction: Under a no-damage-for-delay clause, the owner is not liable for any monetary damages resulting from delays on the project. In lieu of monetary recovery, the contractor’s remaining remedy is a non-compensatory time extension. These clauses are common at the contractor-subcontractor interface as well. While no-damage-for-delay clauses are enforced in most… Continue reading No Damage for Delay? No Problem: Exceptions to the Enforceability of No Damage for Delay Clauses
Tag: No Damages For Delays
Does a No-Damages-for-Delay Provision Preclude a Claim for Disruption Damages?
Erik M. Coon | Smith Currie & Hancock Delays and disruptions on construction projects are very similar, but there are important conceptual differences, even though the claims often arise on the same project. The primary distinction is that a disruption or loss of productivity claim usually involves the increased cost of less efficient work, while… Continue reading Does a No-Damages-for-Delay Provision Preclude a Claim for Disruption Damages?
Court Recognizes Day-to-Day Changes Are Compensable Despite Contractual Waivers
Matthew DeVries | Best Practices Construction Law It happens all the time! The owner-contractor agreement contains a “no damages for delay” clause; a clause requiring that all changes be in writing before work is performed; and a clause requiring partial lien waivers and releases with each periodic payment. And yet we see a claim for… Continue reading Court Recognizes Day-to-Day Changes Are Compensable Despite Contractual Waivers
No-Damages-for-Delay Clauses and the COVID-19 Crisis
Scott Paton | Hodgson Russ Construction Alert Although “construction” was originally deemed by Governor Cuomo to be “essential”, and thus exempt from the restrictions imposed by his March 18, 2020 Executive Order, that has since changed. Through subsequent Executive Orders, as interpreted by various State agencies, the reach of COVID-19 has extended deeply into the… Continue reading No-Damages-for-Delay Clauses and the COVID-19 Crisis
Does a No-Damage-for-Delay Clause Also Preclude Acceleration Damages?
Christine Fan and Ted Gropman | Pepper Hamilton Construction contracts often include a “no damage for delay” clause that denies a contractor the right to recover delay-related costs and limits the contractor’s remedy to an extension of time for noncontractor-caused delays to a project’s completion date. Depending on the nature of the delay and the… Continue reading Does a No-Damage-for-Delay Clause Also Preclude Acceleration Damages?