No Damage for Delay Clause Enforced

by | Dec 30, 2024 | Newsletter Article

A subcontract had a “no-damages-for-delay” clause barring the subcontractor from suing the prime contractor for delays.  The clause also provided a protocol for splitting any delay-related settlements between the project owner and the Prime.  The Prime submitted a...

Government Can’t Use Contract’s General Disclaimer of Reliance on Site Information to Deny Differing Site Condition Claim (Metcalf v. U.S. precedent)

by | Jul 26, 2017 | differing site conditions, Newsletter Article

By: J. kent Holland, Jr. The U.S. Army denied a differing site condition claim of its contract that allegedly encountered subsurface rock conditions as well as ground water conditions, differing materially from what was represented in a geotechnical report provided to...