Have You Been ‘Delayed’ or ‘Disrupted’? – Why the Distinction Matters

Ann B. Graff | Pepper Hamilton LLP | August 2017 No-damages-for-delay clauses are commonly found in construction contracts and, with certain exceptions, are generally recognized as valid and enforceable. The exact language can vary, but the typical clause provides that the contractor shall have no claim for compensation for delay and that an extension of… Continue reading Have You Been ‘Delayed’ or ‘Disrupted’? – Why the Distinction Matters

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.

Limitations of Liability— Scenario Two: No Damages for Delays Clauses

Gregory Faulkner | Robinson Cole | November 10, 2015 Owners often attempt to limit their liability to contractors through what is commonly known in the construction industry as a “no damages for delays” clause.  Much like waivers of consequential damages, a “no damages for delays” clause, which limits damages for construction delays, accelerations and other… Continue reading Limitations of Liability— Scenario Two: No Damages for Delays Clauses

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