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Nevada Court Recognizes "No-damage-for-delay"Exceptions Delay-damages; Disclaimers

Saturday, July 03, 2004 01:34 pm

Nevada Court Recognizes "No-damage-for-delay"Exceptions Delay-damages; Disclaimers

The Nevada Supreme Court has enumerated the exceptions to the enforceability of "no-damage-for-delay" clauses that are, and are not, recognized in that state.

Las Vegas Sands, Inc. awarded a contract to Lehrer McGovern Bovis, Inc. (LMB) to construct an expansion to an exposition center. LMB negotiated a subcontract with J.A. Jones Construction Co. for performance of the concrete work. The subcontract contained a no-damage-fordelay clause, a portion of which is quoted below.

"Contractor expressly agrees not to make, and hereby waives, any claim for damages, including those resulti [...]

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