C & H Electric, Inc. v. Bethel

Summary

The court held that the contractual active-interference exception to the no-damages-for-delay clause did not require proof of bad faith or gross negligence, but did require an affirmative, wilful, and unreasonable act beyond mistake, error in judgment, or ordinary negligence. The town’s decision to proceed while asbestos abatement remained unfinished did not satisfy that standard because the evidence did not establish that the town actually knew the remaining work would disrupt the plaintiff’s work, and the plaintiff completed the project on time. The court also rejected the plaintiff’s claims under the bad-faith and fundamental-obligation exceptions and affirmed the judgment for the town on the claims at issue.