INTER METAL FABRICATOR INC. v. HRH CONSTRUCTION LLC


41 A.D.3d 210 (2007)

838 N.Y.S.2d 515

INTER METAL FABRICATOR INC., Appellant, v. HRH CONSTRUCTION LLC et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 14, 2007.


We affirm the dismissal of the claim for delay damages upon the ground that it is premature. The contract bars claims against the construction manager "on account of the Contract Price for the Project" until the completion of available mechanic's lien enforcement actions, and two such causes of action are alleged in the fourth amended complaint. Although plaintiff contends that the clause requiring exhaustion of Lien Law remedies is unenforceable, the provision at issue does...

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