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

Appellant's Reply Brief on Damages for Delay

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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. A price adjustment for work performed after the recited completion date, according to the terms of the contract, would not be "compensation for delay," which was prohibited by the contract. In the construction industry, delay damages are the costs to a contractor of not being able to perform compensable work productively and efficiently due to the delays of others. The requested price adjustment for work performed later in time was due to increased materials costs over time, not construction delays, so the price adjustment would not be "compensation for delay."

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Reference Info:Appellate Brief | State, 4th Circuit, North Carolina | United States


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