No-Damage-For-Delay Provisions and Lien Waivers Remain Enforceable — and Valuable — in New York
Constructlaw
OCTOBER 20, 2022
The court rejected X-Treme’s argument that the no-damage-for-delay provision did not bar its claim because the cause of the delay (incomplete drawings) was not within the parties’ contemplation when they executed their subcontract. The court also affirmed the dismissal of X-Treme’s counterclaim for unpaid amounts.
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