Southern Seeding Service, Inc. v W.C. English, Inc., et al

Appellant's Brief on Damages for Delay

more+
less-

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.

LOADING PDF: If there are any problems, click here to download the file.

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.

© Timothy Wyatt, Conner Gwyn Schenck PLLC | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »