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ARTICLE · 10 MARCH 2014

Recent Changes In New York City's Standard Construction Contract

Duane Morris LLP
Duane Morris LLP
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With its new Standard Construction Contract, issued in December 2013, the City of New York (the "City") has implemented numerous significant changes as compared with its 2008 standard contract. This Alert briefly summarizes some of the new provisions.

United StatesReal Estate and Construction
Allen Ross
Allen Ross
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The most widely discussed change in the City's standard construction contract is the elimination of an express "no damage for delay" clause.

With its new Standard Construction Contract, issued in December 2013, the City of New York (the "City") has implemented numerous significant changes as compared with its 2008 standard contract. This Alert briefly summarizes some of the new provisions.

Some Delays Are "Compensable"

The most widely discussed change in the City's standard construction contract is the elimination of an express "no damage for delay" clause. At least ostensibly, the new contract represents a more flexible approach to delay damages by enabling the contractor to recover for delays in factual settings not previously amenable to delay claims. The scenarios in which recovery for delay damages may now be available are listed in Article 11.4 of the new contract, entitled "Compensable Delays."

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