Tag Archives: no damages for delay

Will Strict “No Damages for Delay” Clauses Be Outlawed on New York Public Construction Projects? Stay tuned.

For years, general contractors and trade contractors have faced very strict “no damages for delay” clauses on New York State construction projects. The tides are changing.  If signed into law, S. R. 06686, Reg. Sess. 2017-2018 (NY 2017) will require public entities to allow contractors, subcontractors and suppliers to recover for costs associated with project … Continue Reading

Recipe for a Project Bankruptcy: Part 2
The Contractor in Bankruptcy Through the Lens of the Owner

My last article examined strategies for construction managers facing an owner bankruptcy. Now, looking through the lens of the owner, let’s examine best practices when it is the contractor who has filed for bankruptcy. Throughout New England and the United States the construction industry continues to thrive with several new projects underway and on the … Continue Reading

Limitations of Liability— Scenario Two: No Damages for Delay Clauses

This is the third post in the four-part series “Limitations of Liability—The Elephant in the Room.” Owners often attempt to limit their liability to contractors through what is commonly known in the construction industry as a “no damages for delays” clause.  Much like waivers of consequential damages, a “no damages for delays” clause, which limits … Continue Reading

Federal Court Determines that General Contractor’s Unreasonable Exercise of its Broad Discretion over Scheduling and Sequencing of the Work Can Support Bad Faith Exception to “No Damages for Delay” Provisions in Subcontract; but Subcontractor Must Still Submit Delay Claims Within Strict Time Requirements of Subcontract

In a recent decision, Elec. Contractors, Inc. v. Fid. & Deposit Co. of Maryland, No. 3:13-CV-00514 MPS, 2015 WL 1444481 (D. Conn. Mar. 30, 2015), the United States District Court for the District of Connecticut dismissed on summary judgment a subcontractor’s claims for delay damages against the general contractor on a construction project (“Project”) for … Continue Reading

Allocating The Risks Associated With Project Delays

This is article explores the complex nature of allocating the risks associated with project delays. It was originally published in Schimenti Construction Company’s newsletter and is reprinted with permission. Retail construction is no stranger to the inherent costs associated with project delays.  Retailers, like all owners, rely upon construction professionals to estimate the duration of … Continue Reading
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