Law360, New York ( July 18, 2014, 11:36 AM EDT) -- In a recent decision arising out of a public construction project, Massachusetts' Superior Court held that the owner's payment of part of a general contractor's delay claim did not constitute a waiver of a "no damage for delay" clause as to a subcontractor. The court determined that the payment to the general contractor was not a clear and complete waiver of the clause as to the general contractor, and even if the payment constituted a partial waiver as to the general contractor, that partial wavier did not extend to the subcontractor's claim....
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