Christopher G. Hill | Construction Law Musings Anyone who reads Construction Law Musings with any regularity (thank you by the way) knows that the contract is king in most instances here in Virginia. Any commercial construction subcontractor in Virginia is likely also very familiar with so-called “no damages for delay” clauses in construction contracts. These clauses essentially state that… Continue reading No Damages for Delay May Not Be Enforceable in Virginia
Tag: No Damages For Delays
Florida Court of Appeals Holds That County’s “Active Interference” Overrides “No Damages for Delay” Clause
Annie D. Rosenthal | Saul Ewing Arnstein & Lehr Earlier this year, the Second District Court of Appeal of Florida held that a “no damages for delay” clause “will not be enforced in the face of governmental fraud, bad faith, or active interference with performance under the contract.” Sarasota County, Fla. v. Southern Underground Industries, Inc.,… Continue reading Florida Court of Appeals Holds That County’s “Active Interference” Overrides “No Damages for Delay” Clause
Slow As A Turtle? Florida Court Finds “No Damages for Delay” Clause Has Limits
Matthew DeVries | Best Practices Construction Law My commute home last night took longer than usual. It was not excessive traffic, an accident, or a stalled car. Rather, the cause of my delayed commute was a turtle: one single turtle crossing the road, holding up about 30 cars for what seemed like an eternity. (Never… Continue reading Slow As A Turtle? Florida Court Finds “No Damages for Delay” Clause Has Limits
Application of Two Construction Contract Provisions: No-Damages-For-Delay and Liquidated Damages
David Adelstein | Florida Construction Legal Updates A recent Florida opinion between a prime contractor and a Florida public body touches upon two important issues: (1) the application of a no-damage-for-delay provision; and (2) the application of a liquidated damages provision. Both provisions find there way into many construction contracts. Unfortunately, the opinion is sparse on facts. Nevertheless, the… Continue reading Application of Two Construction Contract Provisions: No-Damages-For-Delay and Liquidated Damages
No Damage for Delay? No Problem: Exceptions to the Enforceability of No Damage for Delay Clauses
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