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Delay Disclaimer Not Voided By Statute Delay-damages; Disclaimers

Wednesday, February 09, 2005 01:02 pm

Delay Disclaimer Not Voided By Statute Delay-damages; Disclaimers

A Washington court has ruled that a clause disclaiming owner liability for utility relocation delay was not voided by a state statute. The clause therefore barred a contractor's delay claim.

The City of Renton awarded a contract to Scoccolo Construction, Inc. for the widening of a major city street. The project necessitated removal and relocation of utility poles and lines owned by Puget Sound Power and Light. The contract included the following provision: "No additional compensation will be made to the Contractor for reason of delay caused by actions of any utility company and the [...]

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