St. Thomas Law Review
Article Title
The Collapsing No Damages for Delay Clause in Florida Public Construction Contracts: A Call for Legislative Change
Abstract
Part I is a primer on the public construction process. It introduces the reader to each of the facets that make up the construction process: design, bidding, award, and construction. Part II argues in favor of invalidating the NDFD clause through a brief discussion of equitable principles. It pits the principle of "freedom to contract" against the principle of "good faith and fair contracting." Part III presents an archaic NDFD clause. It shows how judicial exceptions and progressive legislation have severely weakened the clause beyond its point of elasticity. Finally, part IV presents a national survey on the eroding enforceability of the NDFD clause. This concluding section showcases what other states have done to invalidate the NDFD clause. It closes with an insightful look at the way in which the State of Washington invalidated the NDFD clause-in the hopes that Florida will soon follow its lead and adopt a similar statutory provision.