DUTY NOT TO DELAY, HINDER, OR INTERFERE WITH PERFORMANCE

For years, courts have held that all parties to a contract have an implied duty to refrain from delaying, hindering, or interfering with others in the performance of their contracts. Numerous cases have found Owner liability for violation of this implied duty to the contractor. Where the Owner was unreasonably slow in providing the required access, failed to provide adequate advance planning, or committed numerous other negligent errors which contributed to unnecessary delay, the courts have found that the Owner breached its implied obligation not "to unreasonably interfere with or delay the contractor's performance". Likewise, in a number of cases, the failure to provide adequate plans and specifications, or the failure to make timely delivery thereof, constituted breach of duty.

• Lewis-Nicholson, Inc. v. United States 550 F.2d 26 (ct. cl. 1977)
• United States ex rel Gillioz v. John Kearns Construction Co., 140 F.2d 792 (8th Cir. 1944)
• Sydney Construction Co., 21377, 77-2 BCA 12,719