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 parties.
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About Alex Barthet
Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com.
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