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).