Kenneth A. Cushing | Pepper Hamilton LLP | May 4, 2016 Time is money in construction, and project delays can cause contractors to incur substantial additional costs. To avoid responsibility for paying these costs, project owners often include a no-damage-for-delay (NDFD) clause in the contract, where legally permitted. An example of a typical NDFD clause reads… Continue reading Do No-Damage-for-Delay Clauses Bar Acceleration Claims?
Tag: construction contracts
Consideration of Force Majeure in Construction Contracts
Jonathan Massell and David A. Senter | Nexsen Pruet | April 25, 2016 Before entering into a construction contract, consider how force majeure events are evolving in today’s world. Have you looked the risk of climate change causing more frequent unusual or severe weather? What about the risk of an act of terrorism? Force Majeure… Continue reading Consideration of Force Majeure in Construction Contracts
Killer Clauses in Construction Subcontracts: Allocating Risk with Subcontractor Agreements
James T. Dixon, P. Wesley Lambert and Amanda M. Leffler | Brouse McDowell | April 21, 2016 As last week’s newsletter mentioned, 2016 is expected to bring continued growth to the construction industry. This growth also brings increased risk. And, it is through the contract and subcontract documents that project participants will try to minimize… Continue reading Killer Clauses in Construction Subcontracts: Allocating Risk with Subcontractor Agreements
Can Active Interference By Owner Invalidate A No Damages For Delay Clause? Sometimes.
Matthew DeVries | Best Practices Construction Law | April 12, 2016 Some will say that a “no damages for delay” clause is harsh. Well, it depends on which hat you wear. If you are a contractor, you have a reasonable expectation that you will be paid for the extra work to overcome a delay beyond… Continue reading Can Active Interference By Owner Invalidate A No Damages For Delay Clause? Sometimes.
Where Does the Duty of Care Flow? Limiting Limitless Liability for Construction Managers
Steven J. Stuart | Smith Currie & Hancock | March 31, 2016 Construction managers are often in an unenviable position. With expansive contracts, construction managers perform multiple tasks that may impact many different people. With the general charge of managing a construction project comes the potential of broad liability to those involved with the project.… Continue reading Where Does the Duty of Care Flow? Limiting Limitless Liability for Construction Managers