Section 12.16 Active Interference by Owner

• Library: Construction Law 2016 Supp

4. (§12.16) Active Interference by Owner

Although it may overlap with the “bad faith” exclusion, if an owner actively interferes with the contractor’s performance of the work, a “no damage for delay” clause may be rendered ineffective. Typical examples of “active interference” by the owner are:

· providing defective or misleading specifications or plans, Buckley & Co. v. State, 356 A.2d 56 (N.J. Super. Ct. Law Div. 1975);

· failing to make the site available, Coatesville Contractors & Eng’rs, Inc. v. Borough of Ridley Park, 506 A.2d 862 (Pa. 1986);

· failing to provide heat as required, De Riso Bros., Inc. v. State, 293 N.Y.S. 436 (N.Y. Ct. Cl. 1937); and

· failing to properly schedule and coordinate the work, Hous. Auth. of City of Dallas

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