Category: Delays

How to Overcome a No Damage For Delay Clause

Almost as prevalent as those pesky pay-if-paid provisions are those no damage for delay clauses. Found in most every construction contract, these clauses seek to bar the prospect of any delay damages and to limit the remedy for delay to just a simple extension of time. Not especially equitable, right? But there are ways to deflect these clauses. Many jurisdictions hold that a no damage for delay provision can be avoided if the delay was actually caused by another’s interference or someone’s wrongful conduct. Enforcement can also be resisted if the delay is unreasonable or not one contemplated by the ... Read more

Liquidated Damages: Are they always enforceable?

Anyone regularly reviewing construction contracts has run across those dreaded liquidated damage clauses. They require contractors to make significant payments to compensate an owner for late completion of work – $100-$500-$1,000 per day wouldn’t be unusual. But are these big dollar payment demands enforceable? Most of these clauses are written with standard disclaimers. They state that actual damages will be difficult if not impossible to determine if there is a breach. So let’s agree in advance to a number, and let’s also agree that this is not a penalty. Why is this language incorporated? Simple. The owner wants to preempt ... Read more

Delays and Time Impact Claims in Florida

Delays and Time Impact Claims in Florida Article Time Is Of The Essence In Your Construction Contract, And It Matters Timing can be everything, especially if there is a “time is of the essence” provision in your construction contract. Article Is it a crime if a contractor stops working? Article Construction Defects: Latent vs Patent More articles... Delays and Time Impact Forms Contractor’s Final Payment Affidavit DOC Conditional Waiver and Release of Lien Upon Progress Payment Waiver and Release of Lien Upon Progress Payment Waiver of Right to Claim Against the Payment Bond – Progress Payment More forms... Delays and ... Read more