Prime contractors and subcontractors are frequently delayed by the failure of utilities to move their lines that interfere with the work in a timely manner. Can you recover for your losses? Sadly, that depends on which state you are working in. In some states the DOT has attempted to avoid liability for such delays by including "No Damage for Delay" clauses in their standard specifications. In other states, the legislature has outlawed such clauses. Contractors have recovered from the utility itself based on the theory of third-party beneficiary to the contract between the utility and the DOT. Such was the case in Little Rock Wastewater Utility v. Larry Moyer Trucking, Inc.: 321 Ark. 303, 902 S.W.2d 760 (1995).
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机译：公用事业公司未能及时移动其线路，这会干扰主要工作，从而拖延了主要承包商和分包商的工作。您能为您的损失找回赔偿吗？可悲的是，这取决于您所处的州。在某些州，DOT试图通过在其标准规范中加入“无损害赔偿”条款来避免此类延误的责任。在其他州，立法机关宣布此类条款为非法。承包商是根据公用事业与DOT之间合同的第三方受益人理论从公用事业本身中收回的。 Little Rock Wastewater Utility诉Larry Moyer Trucking，Inc.：321 Ark。303，902 S.W. 2d 760（1995）中就是这种情况。
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