No Damage For Delay:
Enforcement Under Ohio Law
Enforcement of a No Damage for Delay Clause
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.
Return
to Construction Law page
Fortney
& Klingshirn
4040 Embassy Parkway, Suite
280
Akron, Ohio 44333
telephone 330-665-5445 - fax 665-5446
|
