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?

Top 3 Construction Law Developments of 2014

Don Gregory | Kegler Brown Hill & Ritter | December 16, 2014 There were a number of significant legal developments impacting the construction industry over the past year. Here are my top three: 1. Ohio Supreme Court Enforces “Pay-if-Paid” Clause The Ohio Supreme Court in Transtar Electric, Inc. v. A.E.M. Electric Services Corp., Slip Opinion… Continue reading Top 3 Construction Law Developments of 2014

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