Best Construction Blog: Cobb Law Group

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ndfd posting
Can "No Damages for Delay (NDFD) clauses be overridden? Yes, in some cases, says this Cobb Law Group blog posting
willy wonka
You wouldn’t usually associate Willy Wonka with construction law, but Cobb Law Group writer Dorothy Spencer has brought some light-hearted fare to a rightfully generally serious topic/blog.

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.)

ndfd posting
Can “No Damages for Delay (NDFD) clauses be overridden? Yes, in some cases, says this Cobb Law Group blog posting

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.

You can vote with the ballot at this link.

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