Differences in Types of Damages Matter
June 22, 2016 —
Christopher G. Hill – Construction Law MusingsOver the last 7 and a half years (yes I have been doing this for that long), I have often “mused” on various contractual provisions and their application. Why? Because
the contract matters and will be enforced. Provisions like “no damages for delay” and “
pay if paid” litter construction contracts and will be enforced if properly drafted. These types of clauses affect whether and what types of damages you as a construction company can collect.
Of course, these clauses have their limitations. For instance, and as
pointed out by my pal Matt DeVries at his great Best Practices Construction Law blog, not all damages that a subcontractor or general contractor may attribute to coordination or other scheduling related issues are “delay damages” to which a “no damages for delay” clause may apply.
Read the full story...Reprinted courtesy of
Christopher G. Hill, Law Office of Christopher G. Hill, PCMr. Hill may be contacted at
chrisghill@constructionlawva.com