News & Analysis as of

Breach of Contract › No Damage For Delay

Bradley Arant Boult Cummings LLP

Second Circuit: No-Damages-For-Delay Clause Bars Claim

Bradley Arant Boult Cummings LLP on

The Second Circuit Court of Appeals recently applied a no-damages-for-delay provision to affirm the dismissal of a demolition contractor’s breach of contract claims. The project involved reconstructing and raising the Bayonne...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Reiterates that ‘No-Damages for Delay Clauses are Enforceable and a Party Challenging Such Clauses Bears a...

Patterson Belknap Webb & Tyler LLP on

The Commercial Division’s decision in Five Star Elec. Corp. v. Silverite Constr. Co. Inc. demonstrates the narrow scope, and strict interpretation, of no-damages for delay provisions in a contract. In Five Star, New York...more

Burr & Forman

Court Recognizes Day-to-Day Changes Are Compensable Despite Contractual Waivers

Burr & Forman on

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...more

White & Case LLP

Construction contracts: "No damage for delay" clause enforced

White & Case LLP on

In a recent case, the Federal Court of Australia confirmed that it will enforce a "no damage for delay" clause, including when delay occurs as a result of a variation under a contract....more

Bradley Arant Boult Cummings LLP

New York Courts Continue to Uphold Enforceability of No Damages for Delay Clauses - Construction and Procurement Law News, Q2 2019

Bradley Arant Boult Cummings LLP on

A New York trial court recently upheld the enforceability of a no-damages-for-delay clause in a contract between a general contractor and its subcontractor. In Hailey Insulation Corp., v. WDF, Inc., the subcontractor...more

Troutman Pepper

New York Court Holds Contractor’s Failure to Timely Pass Through Subcontractor Delay Claim to the Owner Constitutes Breach of the...

Troutman Pepper on

Rad and D’Aprile, Inc. v. Arnell Construction Corp, No. 502464/14, 2019 BL 131606 (NY. Sup. Ct. April 3, 2019) - In June of 2001, Arnell Construction Corp. (“Arnell”) entered into a prime contract to build two sanitation...more

Bradley Arant Boult Cummings LLP

A Dangerous Myth: That a Great Subcontract Will Prevent Claims on a Poorly-Executed Project - Construction and Procurement Law...

Bradley Arant Boult Cummings LLP on

Well-drafted, legally-enforceable agreements are key to any construction company’s risk management strategy. This is especially true for subcontracts, which serve as a contractor’s critical tool to coordinate a successful...more

Troutman Pepper

General Contractor’s Unjustified Threats To Assess Delay Damages Against Subcontractor Are A Material Breach Of Contract

Troutman Pepper on

Randy Kinder Excavating, Inc. v. JA Manning Constr. Co. 2018 U.S. App. LEXIS 21878 (8th Cir. Aug. 7, 2018) - This dispute arose from a contract to build a pumping station in Arkansas (the “Project”). In June of 2010, the...more

Troutman Pepper

Have You Been 'Delayed' or 'Disrupted'? - Why the Distinction Matters

Troutman Pepper on

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...more

Troutman Pepper

Massachusetts Appellate Court Holds That No-Damages-for-Delay Clause Does Not Bar Claim for Schedule Compression and Affirms Award...

Troutman Pepper on

Central Ceilings, Inc. v. Suffolk Constr. Co., Inc., 2017 Mass App. Lexis 36 (March 29, 2017). The Massachusetts State College Building Authority contracted with Suffolk Construction Company (“Suffolk”) to serve as the...more

Troutman Pepper

Texas Court of Appeals Holds That Owner’s Change to Contractor’s Means and Methods Resulted in a “Breach,” Instead of a “Change”...

Troutman Pepper on

Port of Houston Auth. of Harris Cnty. v. Zachry Constr. Corp., 2016 Tex. App. LEXIS 13306 (Tex. App. Houston 14th Dist. Dec. 15, 2016) - This contract dispute dates back to 2004, when the Port of Houston Authority...more

Robinson+Cole Construction Law Zone

What are the three most important risk-shifting provisions contractors and subcontractors should be concerned about?

Robinson+Cole Construction Law Zone on

“No damages for delay” clauses: “No damages for delay” clauses allocate the risks of project delays and disruptions between the owner and contractor. Oftentimes, these clauses preclude a contractor from recovering...more

Bradley Arant Boult Cummings LLP

Contractor Barred from Using the “Total Cost” or “Modified Total Cost” Approach to Establish Delay Claim

Bradley Arant Boult Cummings LLP on

In a recent ruling, Hill York Service Corporation v. Critchfield Mechanical, Inc., the U.S. District Court for the Southern District of Florida held that a contractor may not establish damages for delay under either the...more

13 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide