My commute home last night took longer than usual. It was not excessive traffic, an accident, or a stalled car. Rather, the cause of my delayed commute was a turtle: one single turtle crossing the road, holding up about 30...more
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
9/25/2020
/ Breach of Contract ,
Construction Contracts ,
Construction Disputes ,
Construction Litigation ,
Construction Project ,
Contract Terms ,
Delay Claims ,
Failure To Pay ,
No Damage For Delay ,
Real Estate Development ,
Waivers
When we think of delays on a construction project, the first inquiry is to identify the turtle—the one party holding up progress or causing the delay. Many times, the parties’ contract will dictate whether the contractor can...more
9/5/2018
/ Architects ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Construction Project ,
Contract Terms ,
General Contractors ,
Miami ,
Motion for Summary Judgment ,
Municipalities ,
No Damage For Delay ,
Public Projects ,
Renovations ,
Reversal ,
Waiver of Rights
In construction contracts, “active interference” is a recognized exception to the enforcement of what is known as a “no damages for delay” clause. This type of provision seeks to preclude any increased costs associated with...more
I read in my Twitter feed this morning about a recent case where the Missouri Court of Appeals formally adopted the Spearin Doctrine.
I immediately wondered if I could explain the Spearin Doctrine in less than 140...more
Whether you are an owner, contractor, subcontractor or supplier, you will want to read the rest of this post since it illustrates precisely what all those attorneys have been telling you for years: “Please, please, please...more
6/22/2016
/ Business Disruption ,
Condition Precedent ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Delay Claims ,
General Contractors ,
No Damage For Delay ,
Notice Provisions ,
NY Supreme Court ,
Public Contracts ,
Subcontractors
In C and H Electric, Inc. v. Town of Bethel, 312 Conn. 843 (2014), the Connecticut Supreme Court held that a Contractor’s claims against a Town for delay damages could not overcome the “no damages for delay” clause because...more