A changed condition, or differing site condition, is one in which the contractor was unaware of or one that was not reasonably expected by the contracting parties at the time the contract was entered into. United States government contracts define … Continue reading
Category Archives: Construction Delays
Second Department Finds “No-Damages For Delay” Clause Enforceable”
McNamee Constr. Corp. v. City of New Rochelle: Nothing really shocking or new here but worth repeating since it is a commonly used and problematic clause. Here, the contract had a clause stating that there could be no damages for … Continue reading
Owner Delay Damages
In the event of the delay of a completion date of a construction contract, an owner may seek delay damages from the contractor. The owner may seek either actual or liquidated damages, but usually not both, and the contractor must … Continue reading
Contractor Defenses
While a property owner is free to claim that a contractor has defaulted on the work to be done and is therefore in breach of the contract, contractors do have defenses that may justify default. Such defenses may even allow … Continue reading
Changed Conditions
“Changed conditions” are defined as “subsurface, latent, or physical conditions at the site materially different from those indicated in the contract OR unknown physical conditions at the site of an unusual nature, differing materially from those ordinarily encountered and generally … Continue reading
