A construction contract includes both a price escalation provision, by which unit prices would be adjusted if work was ongoing after the recited completion date, and a no-damages-for-delay provision. It was error for the trial court to deny a price adjustment on the basis of the no-damages-for-delay provision, because price escalation would not be "compensation for delay," and the specially negotiated price escalation provision should have been preferred to the boilerplate no-damages-for-delay provision.
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Published In: General Business Updates, Construction Updates, Government Contracting Updates
Reference Info:Appellate Brief | State, 4th Circuit, North Carolina | United States
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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