Construction Claims & Project Management Overview Three recent rulings from state and federal courts have clarified the enforceability and limitations of delay-related contract provisions in construction projects, particularly concerning no-damages-for-delay clauses, concurrent delay, and the recovery of liquidated damages. These cases highlight how courts balance contractual risk allocation with the facts surrounding delay and project… Continue reading Legal Insight: Key Rulings on Construction Delays and Liquidated Damages
Tag: No Damage for Delay
Five Steps General Contractors Can Take To Mitigate Against The Dangers Of “No Damage For Delay Clauses”
Brian M. Stork | Kane Russell Coleman Logan No damage for delay clauses seek to protect owners from any monetary damages resulting from delays on a project. These clauses are common in Texas construction contracts. A no-damage-for-delay provision can limit a general contractor’s ability to recover additional compensation when a project is delayed, potentially even… Continue reading Five Steps General Contractors Can Take To Mitigate Against The Dangers Of “No Damage For Delay Clauses”
General Contractor’s Professional Malpractice / Negligence Claim Against Design Professional
David Adelstein | Florida Construction Legal Updates | November 23, 2017 A recent case supports a professional malpractice (negligence) claim by a general contractor against a design professional by reversing a trial court’s entry of summary judgment in favor of the design professional and finding a question of fact remained as to an architect’s role in the renovation of a public… Continue reading General Contractor’s Professional Malpractice / Negligence Claim Against Design Professional
How to Circumvent “No Damage for Delay” Clauses
J.P. Vogel | Texas Construction Law Blog | June 21, 2016 Most commercial construction contracts contain a “No Damage For Delay” Clause and most contractors mistakenly believe they are Kings X for any potential claims related to delay caused by an owner or original contractor. While nearly every commercial construction contract contains the same or… Continue reading How to Circumvent “No Damage for Delay” Clauses
Do No-Damage-for-Delay Clauses Bar Acceleration Claims?
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?