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Say What You Mean And Mean What You Say: Court Upholds Waiver Of Claims At Contractor's Expense

Thursday, June 04, 2009 05:42 pm

 
Say What You Mean And Mean What You Say: Court Upholds Waiver Of Claims At Contractor's Expense Differing Site Condition¬Waiver of Claims Inland Waters Pollution Controls, Inc. v. Marra/Majestic Joint Venture, et al. United States District Court for the Northern District of Ohio, Eastern Division 2009 U.S.Dist., LEXIS 20228(March 13, 2009)

The court held that a contractor's waiver of all claims except for those arising from"catastrophic"differing site conditions precluded recovery for claims arising from man¬holes that were smaller than the contractor had anticipated.

Marra/Majestic Joint Venture (Marra)held a con¬tract with the Northeast Ohio Regional Sewer District (Sewer District)for sewer rehabilitation and cleaning. Marra entered into a subcontract with Inland Waters Pollution Controls, Inc. (Inland)for cleaning of certain portions of the sewer line.

Pursuant to its [...]

 
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