BUSINESS TIP ––––––––––––––––––––––––––––––––––––––––––––––––––––––– points us to statutory provisions and state case law. www.keglerbrown.com/con- tent/uploads/2014/09/ASA- Contingent-Payment-Clauses- in-the-50-States-2014-Edition. pdf or https://bit.ly/2weasej. No compensation for damages and delay clauses Inequitable “no compensation for damages and delay clauses” have become very popular within subcontract agreements, especially the term stating, “the subcontractor will receive compensation to the extent the contractor receives com- pensation from the owner and an extension of time is the sole rem- edy for delay.” These clauses some- times state that even if the contrac- tor directs the subcontractor to make changes in the scope of work and the contractor does not receive payment from the owner the sub- contractor will not be paid. With this statement the clause becomes a “paid-if-paid” provision. Many subcontracts will state the subcontractor is responsible for all damages in a delay caused by the subcontractor, but the contractor has no responsibility or obligation for delay damages or compensa- tion for any reason whatsoever. Although these provisions seem very inequitable, they will be strict- ly enforced as allowed by statute. As with payment provisions, the enforceability of “no damages for delay clauses” vary by state. Some Mapeguard® WP 200 is a thin and flexible, two-sided, non- woven, polypropylene fabric, used for both waterproofing and crack isolation under ceramic, porcelain and natural-stone tiles. The laminated fabric web- bing is designed to anchor the membrane to the substrate and tiles to the membrane using the bonded thinset method with recommended, polymer-mod- ified mortars. Mapeguard WP 200’s low perm rating perfor- mance is ideal for vapor protec- tion in showers and wet areas. www.mapei.com 30 TileLetter | October 2018