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Delay Disclaimer Applied To "Impact Damages" Delay-damages; Disclaimers

Sunday, June 04, 2006 10:59 am

Delay Disclaimer Applied To "Impact Damages" Delay-damages; Disclaimers

A federal court has ruled that a supplier could not avoid a no-damage-for-delay clause by characterizing its claim as one for "impact damages" in the form of lost productivity.

The General Services Administration awarded a contract to Grunley Construction for renovation of the National Archives building in Washington, D.C. Grunley subcontracted the stonework to Atlantic Refinishing and Remodeling, Inc.

Atlantic contracted to purchase the marble from Tennessee Valley Marble Holding Co. (TVM), the source of the marble used in the original construction. The contract stated that Atlanti [...]

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