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Contracts & Legal

No Damage for Delay Clause

In Plain English

A clause that says the contractor can only get more time for owner-caused delays but cannot get more money.

Definition

A no-damage-for-delay clause is a contract provision that limits a contractor's remedy for owner-caused delays to a time extension only, precluding recovery of additional compensation. These clauses are disfavored but enforceable in many jurisdictions. Courts have recognized exceptions where delays are caused by owner bad faith, active interference, or are of an unforeseeable nature.

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