Contractors must clear a high bar to claim disruption damages
Contractors often seek damages when an owner’s actions delay a project. But what if an owner disrupts, rather than delays, a job? Proving disruption damages entails clearing a higher bar than that for delay damages. Generally, courts prefer the “measured mile” method, under which the contractor’s cost of work during the disruption period is compared to the cost of the same work during an unaffected period. An important contributing factor, though, is whether the contract includes a “no damages for delay” clause. It might protect the owner from delay liability, but such clauses usually don’t prevent claims for disruption damages. Still, legal counsel is critical. Contact us for more info.
