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No-damage-for-delay Clause Enforced Delay-damages; Disclaimers

Sunday, March 02, 2003 12:46 pm

No-damage-for-delay Clause Enforced Delay-damages; Disclaimers

A New York court has considered a no-damage-fordelay clause in a subcontract. In the absence of a delay beyond the contemplation of the parties, or an intentional act of the prime contractor, the clause was enforceable.

The Dormitory Authority of the State of New York awarded a contract to Berley Industries, Inc. for heating, ventilation and air conditioning work at Queens College. Berley subcontracted the automatic temperature control work to Landis & Gyr Powers, Inc. The subcontract included a clause stating that Landis & Gyr would not be entitled to additional compensation for delay of any nature [...]

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