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Active Interference and The No Damage for Delay Clause

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Active Interference and The No Damage for Delay Clause
            No Damage for Delay Clauses are designed to pass the risk of project delays and their costs to a specific party (generally the contractor). These clauses are recognized as valid and enforceable in the State of Florida. See McIntire v. Green Tree Communities, Inc., 318 So. 2d 197 (Fla 2nd DCA 1975); Southern Gulf Util., Inc. v. Boca Ciega Sanitary Dist., 238 So. 2d 458, 459 (Fla. 2d Dist.Ct.App.1970); Pertun Constr. Co. v. Harvesters Group, Inc., 918 F.2d 915, 919 (11th Cir.1990). These clauses can seem harsh when faced with the reality that delays on construction projects are very common. Because of this reality, Florida courts have created several exceptions to enforcement. Situations in which it would be unfair to bar recovery to contractors who have been delayed in completing their work through no fault of their own. These judicially created exceptions are: active interference, concealment and fraud.
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