Article Date: 09/12/2014


Trade Conflict Was Not Active Interference by the Owner


The “active interference” exception to the enforceability of a “no-damage-for-delay” clause requires a willful act by the project owner that results in interference with the contractor’s work. It does not require bad faith on the part of the owner. But where the owner was unaware of the consequences of its directive, the directive was a mere error in judgment, not active interference.

 

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