Matthew DeVries | Best Practices Construction Law It happens all the time! The owner-contractor agreement contains a “no damages for delay” clause; a clause requiring that all changes be in writing before work is performed; and a clause requiring partial lien waivers and releases with each periodic payment. And yet we see a claim for… Continue reading Court Recognizes Day-to-Day Changes Are Compensable Despite Contractual Waivers
Tag: No Damages For Delays
No-Damages-for-Delay Clauses and the COVID-19 Crisis
Scott Paton | Hodgson Russ Construction Alert Although “construction” was originally deemed by Governor Cuomo to be “essential”, and thus exempt from the restrictions imposed by his March 18, 2020 Executive Order, that has since changed. Through subsequent Executive Orders, as interpreted by various State agencies, the reach of COVID-19 has extended deeply into the… Continue reading No-Damages-for-Delay Clauses and the COVID-19 Crisis
Does a No-Damage-for-Delay Clause Also Preclude Acceleration Damages?
Christine Fan and Ted Gropman | Pepper Hamilton Construction contracts often include a “no damage for delay” clause that denies a contractor the right to recover delay-related costs and limits the contractor’s remedy to an extension of time for noncontractor-caused delays to a project’s completion date. Depending on the nature of the delay and the… Continue reading Does a No-Damage-for-Delay Clause Also Preclude Acceleration Damages?
Damages For Delay-An Update
Henry L. Goldberg | Moritt Hock & Hamroff | February 12, 2019 One of the most significant developments in construction law of late concerns an issue I have been actively involved in for some time. It is a coordinated, industrywide effort to eliminate “no damages for delay” clauses for public construction. As with the federal… Continue reading Damages For Delay-An Update
Slow As A Turtle? “No Damages For Delay” Clause Inapplicable To Contractor’s Claim Against Architect
Matthew DeVries | Best Practices Construction Law | September 5, 2018 On Saturday, I took the kids to the zoo for a day-long adventure. Faith’s favorite attraction was the turtle compound that was filled with about 20 slowpokes walking a circle. Like watching paint dry, we sat on the sidelines as these mini-dinosaurs trekked the… Continue reading Slow As A Turtle? “No Damages For Delay” Clause Inapplicable To Contractor’s Claim Against Architect