Howard Contracting, Inc. v. G.A. MacDonald Construction Co.

Opinion

BOLAND, J. *

Summary

A general contractor on a public works construction project is permitted by statute to recover damages arising out of delays attributable to a municipality’s acts or omissions, notwithstanding the municipality’s status as a charter city and a clause in the contract precluding an award of damages for delay. Further, a subcontractor on the project who seeks to prosecute a claim for delay damages on a pass-through basis has standing as an aggrieved party to appeal and is entitled to offer evidence to support the claim.

Background

I. Project

This case arises out of a public…