VOLUME 4   ISSUE 33   AUGUST 28, 2015


By Bruce Jervis


Active interference by a project owner is a well-recognized exception to the enforceability of no-damage-for-delay clauses. The definition of active interference, however, varies. In Pennsylvania, for instance, it includes an affirmative act not reasonably anticipated under the contract, as well as the failure to act as required for the work to proceed.


In a recent Pennsylvania case, a public project owner tried to rewrite the definition under the terms of the contract. The clause said the contractor’s sole remedy for delay would be an extension of time unless the cause of the delay was considered active interference under applicable law. The clause went on to define active interference to exclude the administration of change orders and the suspension or rescheduling of work. Read more.


Featured …



What comes to mind when you hear the phrase social media? Probably most of us think Facebook, Twitter, instant messaging and other means of conveying news and opinions.  We older folks, accustomed to putting in long hours in the field or construction trailer, tend to write off social media, particularly in this form, as a needless distraction from the important work at hand. However, if one thinks of social media in terms of websites such as blogs, online forums, YouTube and LinkedIn, it is possible to find sources of valuable information. Read more.





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