California Court of Appeal Rules Contractors Entitled to Delay Damages Against Public Entities

 

CALIFORNIA COURT OF APPEAL RULES CONTRACTORS ARE ENTITLED TO DELAY DAMAGES AGAINST PUBLIC ENTITIES

By: Brian S. Case, Esq.

In a recent appellate decision in Southern California, the court concluded that where a public entity interferes with a contractor’s performance through change orders or otherwise, the contractor is entitled to delay damages even in the face of a “no damage for delay” clause. Howard Contracting Inc. v. G. A. MacDonald Construction Co., Inc. (B115886), Cal.App.2d (April 2, 1999).

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