With construction projects being suspended or terminated for convenience across the United States, roofing contractors are routinely faced with having to make claims for either additional time and/or costs as a result of delay to avoid costly liquidated damages provisions for missing scheduled completion dates. Owners routinely insert disclaimers and limitations of liability clauses in contracts that may limit or bar a contractor or subcontractor’s ability to collect additional compensation for work performed because of unexpected conditions and delay.

Owners frequently insert “no damages for delay” provisions in construction contracts to prevent a roofing contractor (and any subcontractors) from obtaining additional compensation for delays that have been experienced on a project. Under the typical “no damages for delay” clause, the contractor or subcontractor is entitled to additional time, but not compensation for extra costs, incurred as a result of delays. Such clauses can be effective whether the delay is caused by the Owner, or by an act of God, such as COVID-19, unless contractually provided otherwise.

The standard “no damages for delay” clause typically provides something similar to the following:  CLICK HERE TO CONTINUE...