INTER METAL FABRICATOR, INC. v. HRH CONSTRUCTION LLC


44 A.D.3d 488 (2007)

843 N.Y.S.2d 309

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 October 18, 2007.


While the motion court dismissed plaintiff construction contractor's claim for delay damages as barred by the "no-damages-for-delay" provision contained in the parties' contract, we affirm the dismissal of the claim for delay damages solely 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...

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