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No damage for delay clauses are enforceable in Ohio, unless the reason for the delay is the result of the owner's [or contractor's] act or failure to act. Ohio Revised Code §4113.62.

Defective plans and specifications are the leading reasons for owner-caused delay damages and time extensions in Ohio. To recover delay damages, a contractor must establish that (a) the owner breached the contract, (b) the breach caused a delay to the contractor's performance, and (c) the contractor was damaged.

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This site was last updated on November 02, 2006