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General contractor liable for ‘loss of productivity’ by sub

No-damages-for-delay clause doesn’t bar claim

A “no-damages-for-delay” clause in a construction contract did not bar claims for additional labor costs incurred by a subcontractor due to loss of productivity resulting from the general contractor’s failure to manage the project efficiently, the Massachusetts Appeals Court has found. The defendant general contractor, Suffolk Construction Co., argued that damages for lost productivity fell within ...

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