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Contractors: Exculpatory Clause May Protect You From Shop Drawing Review Delays

Tuesday, September 04, 2007 12:42 pm

Contractors: Exculpatory Clause May Protect You From Shop Drawing Review Delays

A New York court modified a prior judgment to prevent a claimant from collecting damages stemming from delays where the contract contained an exculpatory clause intended to prevent such claims.

Harrison & Burrowes Bridge Constructors, Inc. (Claimant) contracted with the State of New York (State) to rehabilitate and resurface eight bridges along a state route in Delaware County, New York. After final payments were made, Claimant disputed the State's refusal to pay for certain items and sued seeking additional compensation. Following trial, the Court of Claims awarded Claimant a judgment of approximately $175,000. The State sought review of the decision fro [...]

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