TOP TEN CONSTRUCTION CLAUSES PART VII—NO DAMAGES FOR DELAY This is the seventh installment in a ten-part series analyzing critical construction clauses. This installment analyzes the “No Damage for Delay” provision. My first six articles can be found on our blog at http://sotolawgroup.blogspot.com/ . A. Overview and Background Most construction contractors and subcontractors assume that if they encounter a delay on the project that is not attributable to them, for example, changes in the sequencing of the work ordered by the project owner, discovery of hazardous materials or unknown conditions at the project, or adverse governmental actions, that they would entitled for reimbursement for damages caused by those delays. Such damages could include unabsorbed home office overhead, remobilization/acceleration costs, or increased materials costs. However, an increasingly common contract provision, known as the...
