Delay Damages & No-Damages-For-Delay Risk Checker in California Construction Contracts
'No-damages-for-delay' clauses limit your remedy for owner or GC-caused delay to a schedule extension only — no dollars for extended overhead, idle crews, or acceleration. Some states have curbed these clauses; others enforce them strictly.
Public: statutory exception for unreasonable delay. Private: enforced with active-interference exception.
California Public Contract Code §7102 — no-damages-for-delay clauses void on public works for unreasonable owner delay
Typical exposure per project when a No-Damages-For-Delay clause slips into a signed contract.
On CA public projects, §7102 gives subs a statutory delay-damages remedy. Private is looser.
On CA public works, §7102 lets you recover delay damages even against a no-damages-for-delay clause when owner-caused.
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The clause we flag — and the one we help you write instead.
“In no event shall Subcontractor be entitled to any damages, compensation, or additional payment on account of any delay, hindrance, or disruption, regardless of the cause or party responsible. Subcontractor's sole remedy shall be an extension of time.”
“Subcontractor shall be entitled to a time extension for excusable delays. Subcontractor shall additionally be entitled to compensation for delay damages (including extended field and home-office overhead) caused by (a) Contractor's or Owner's active interference, (b) Contractor's or Owner's failure to act within a reasonable time, or (c) delays caused by other separate contractors under Contractor's control.”
- 1Preserve exceptions for GC/Owner active interference or bad faith.
- 2Track and document delay causes daily — most delay claims die from thin records.
- 3Know whether your state enforces or limits 'no-damages-for-delay' by statute or case law.
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