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Delay Claims Contract Terms No Damage For Delay

Robinson+Cole Construction Law Zone

Second Circuit Affirms Win for General Contractor on No Damages for Delay Provision

In NASDI, LLC v. Skanska Koch Inc. Kiewit Infrastructure Co. (JV), 2024 WL 1270188 (2d Cir. Mar. 26, 2024), the U.S. Court of Appeals for the Second Circuit affirmed the District Court’s grant of summary judgment dismissing a...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

Claims For Liquidated Damages Against Subcontractors

White & Case LLP on

Main contractors often make claims against subcontractors for liquidated damages for delay. A question that sometimes arises is whether liquidated damages may be claimed by a main contractor where there is no corresponding...more

Troutman Pepper

Does a No-Damage-for-Delay Clause Also Preclude Acceleration Damages?

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Construction contracts often include a “no damage for delay” clause that denies a contractor the right to recover delay-related costs and limits the contractor’s remedy to an extension of time for noncontractor-caused delays...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

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