May 2008
Berg Hill attorneys Daniel M. Gross and Heidi C. Potter had a victory in the Colorado Court of Appeals in May, 2008 that is now final. The decision in Tricon Kent Co. v. Lafarge, 06 CA 0595, 2008 WL 1902514, recognizes an exception to the enforceablility of a "no damages for delay" clause in a construction subcontract. The Court of Appeals upheld a jury verdict in favor of BHGR's client, Tricon. The case concerned a highway widening project. Tricon claimed that the general contractor was responsible to pay delay and impact damages because it mismanaged and improperly sequenced the work. Lafarge's main defense-the subcontract's No Damages for Delay clause-was rejected by the trial court and then affirmed on appeal. The Court of Appeals held that Lafarge's "active interference" with Tricon's work made that clause unenforceable.
Contact Dan or Heidi for further information or a copy of the opinion.