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16 Aug, 2019

Will You Get Paid for Delays? No Damage for Delay Clauses Say No. 

2019-08-16T14:47:48-05:00August 16th, 2019|Construction Contractor Advisor, Nebraska Construction Law, No-damage-for-delay|

No-damage-for-delay Clauses are commonplace in construction contracts.  But, have you ever read one and wondered if they are enforceable?  Courts across the country have consistently enforced them and these clauses will severely limit your ability to recover damages caused by delays, even if the delays were not caused by you. What is a No Damage for Delay Clause A no-damage-for-delay clause is just that, a clause that explains that if [...]

23 Sep, 2014

Fundamental Fairness Trumps Contract Language

2018-04-23T23:55:13-05:00September 23rd, 2014|Construction Contractor Advisor, Construction Contracts|

The Texas Supreme Court recently ruled that a “no-damages-for-delay” clause would not be enforced where the delay was caused by the owner. The court’s ruling flies squarely in the face of the contract language that attempted to insulate the owner from any delay claims, even those it caused. In the case of Zachary Construction v. Port of Houston underlying contract, proposed by the Port of Houston, was heavy handed, to [...]

3 Aug, 2014

The Active Interference Exception to the No Damage for Delay Clause

2018-04-23T23:55:13-05:00August 3rd, 2014|Construction Contractor Advisor, Construction Litigation|

Most construction contracts contain a “no damage for delay” clause that generally prevents a contractor from demanding compensation for a late starting or otherwise delayed project. But, if the owner or is representative actively interferes with the project, a contractor may still recover damages for delays. The recent case of C & C Plumbing and Heating v. Williams County, out of North Dakota found the owner liable for delays even [...]

23 Apr, 2014

Mutually Agreeable Schedule Revisions–What Does that Mean?

2018-04-23T23:55:14-05:00April 23rd, 2014|Construction Contractor Advisor, Construction Contracts|

Imagine that you are on a job that is significantly delayed.  You tell the upstream contractor that performance at this late date will cost more money.  Instead of being offered more money, you are told that you have to "mutually agree" on a revised schedule.  How do you do that? One subcontractor in Oklahoma found out the hard way that walking off the job was not the answer. The case, [...]

24 Jan, 2013

No Damage for Delay Clauses–Contractor Beware

2013-01-24T10:00:15-05:00January 24th, 2013|Construction Contracts|

Are you reviewing the first contract of the New Year yet? If you are, I hope you are looking to see whether it contains a no damage for delay provision. These provisions are enforceable in Nebraska and can turn a viable project into a disaster. What is a no-damage-for-delay provision? Generally speaking , a no damage for delay provision places the risk of loss caused by a delay on the [...]

8 May, 2012

Can you be Liable for Delay Damages Caused by a Substitute Contractor?

2012-05-08T09:35:56-05:00May 8th, 2012|Delay Damages|

A general contractor may be held liable for delays, even after the general has been terminated.  In a recent Missouri case, an owner terminated a general contractor for cause, and the owner then demanded that the terminated general contractor pay for delay damages caused by the replacement general contractor’s subcontractor. The court ultimately held that delay damages could be recovered even after the general was terminated from the project. In [...]