Welcome back to the Build America Podcast, where host Scott Jennings brings you unfiltered, no-BS insights into the world of construction. In this episode, Scott breaks down a real-life legal case that combines four critical construction contract concepts every contractor should understand: Value Engineering, Reservation of Rights, No Damage for Delay, and Cardinal Change.
Through a detailed case study between a major contractor and the New York City DOT, Scott explains what went wrong, why “no damage for delay” clauses can be devastating for contractors, and how to protect yourself before signing that next change order. You’ll also learn why reading the fine print is non-negotiable — and how even seasoned pros can get tripped up if they don’t.
Whether you’re a contractor, project manager, or construction executive, this episode will help you navigate risk, protect profits, and stay one step ahead of costly legal traps.
What “No Damage for Delay” really means — and why it matters
How Value Engineering can be profitable (if done right)
Why a “Reservation of Rights” letter may not actually protect you
The definition of a Cardinal Change and when it applies
Key takeaways from a real court decision that ruled against the contractor
Practical advice for reading contracts and avoiding financial loss
Scott Jennings is a seasoned heavy civil construction professional, company owner, author, and host of the Build America Podcast — a show dedicated to real-world lessons from decades in the field. His mission? To help you build smarter, safer, and more profitably.
Learn more at: buildamericablog.com (add your actual site link)
Check out Scott’s book series on Amazon: Build America & Ted the Termite
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