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Delay Damage Limitation Ruled Enforceable Disclaimers; Delay-damages

Friday, February 03, 2006 05:15 pm

Delay Damage Limitation Ruled Enforceable Disclaimers; Delay-damages

An Ohio court has ruled that a subcontract limited, but did not entirely waive, a subcontractor's right to recover delay damages. The provision therefore did not violate an Ohio statute rendering no-damage-for-delay clauses unenforceable.

The Ohio Department of Transportation awarded a contract to R. F. Scurlock Co. for realignment of a highway. Scurlock subcontracted the clearing and grubbing of trees and underbrush to B. I. Chipping Co. The subcontract stated that aerial utility lines owned by Verizon would be relocated, pursuant to Verizon's agreement with ODOT, prio [...]

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