The Cobb Law Group‘s blog: Georgia Construction, Bond and Lien Law Blog, has been a finalist in previous Best Construction Blog competitions, and continues to provide a combination of solid legal advice and more general commentary, some of which is more lighthearted than the blog’s necessarily serious primary topic.
This shows in the most recent posting: Delicious Constructions, which discusses a chocolate-construction project. (Reasonably the project, designed as part of a restaurant, will be indoors. I can imagine the problems at high noon or even on a moderately sunny day, when the constructed structure would turn quickly into a liquid pool.)
However, the posting just before touches on legal issues which could affect contractors in every part of the US and Canada — and you can see how this blog provides helpful general knowledge, while remaining relevant regardless of geography.
The issue here — the implication of contract clauses which exclude damages for delay; and when and how these clauses can be overridden in practice.
A “no-damages-for-delay” (NDFD) clause is a very common contract term that provides a defense for the delay-causing owner or general contractor to assert against the harmed party’s request for damages. This defense can be applied to protect the owner from a general contractor’s delay claim or the general contractor from a subcontractor’s claim. These clauses allow additional time, but no additional compensation. Without such a clause, the contractor generally has the right to a time extension and damages if the delay was caused by the owner.
Courts generally enforce clear and unambiguous NDFD clauses, but there are a few exceptions. Some of these include the protected party’s (1) active interference or (2) fraud or bad faith (including willful, malicious, reckless, or grossly negligent misconduct); (3) delay not contemplated; and (4) unreasonable delay.
The blog continues with citations how and when these exemptions can apply.
This blog undoubtedly has value for anyone dealing with construction law issues — which means virtually any contractor, subtrade or professional service business.
It is a worthy competitor in this year’s Best Construction Blog competition.