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Disclaimer Barred Sequencing Claim Delay-damages; Disclaimers

Thursday, November 03, 2005 04:23 pm

Disclaimer Barred Sequencing Claim Delay-damages; Disclaimers

A federal court, applying Nebraska law, has ruled that a no-damage-for-delay clause barred an electrical contractor's claim against a construction manager for sequencing changes and interference.

The Omaha Metropolitan Entertainment and Convention Authority retained Kiewit Construction Co. to serve as construction manager on a convention center project. Kiewit committed to a guaranteed maximum price for the work. Kiewit then negotiated guaranteed maximum price subcontracts with a number of trade contractors, including Capital Electric Construction Co., Inc.

The agreement between K [...]

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