Common use of Non-Recoverable Items Clause in Contracts

Non-Recoverable Items. The parties agree that for any claim the Department will not have liability for the following items of damages or expense: 1. Loss of profit, incentives or bonuses; 2. Any claim for other than extra work or delay; 3. Consequential damages, including, but not limited to, loss of bonding capacity, loss of Bidding opportunities, loss of credit standing, cost of financing, interest paid, loss of other work or insolvency; 4. Acceleration costs and expenses, except where the Department has expressly and specifically directed the Contractor in writing “to accelerate at the Department’s expense”; nor 5. Attorney fees, claims preparation expenses and costs of litigation.