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ARTICLE · 19 AUGUST 2025

How Does Texas View The No-Damages-For-Delay Clause?

Cowles & Thompson, PC
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A recent ruling from the New York Supreme Court reinforced such limitations, and here Casey Erick explains that opinion and also how Texas approaches the same topics.

United StatesReal Estate and Construction
Casey Erick
Casey Erick
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Liability waivers and limits are common issues in construction cases. A recent ruling from the New York Supreme Court reinforced such limitations, and here Casey Erick explains that opinion and also how Texas approaches the same topics.

NY Supreme Court Confirms Validity of No-Damages-for-Delay Clause in Construction Contracts

In a recent ruling on June 5, 2025, the Appellate Division, First Department of the New York Supreme Court reinforced the limitations on delay damages in construction contracts. The case of Gamma USA, Inc. v. Pavarini McGovern, LLC centered on the enforceability of a specific clause within the subcontract agreement between the subcontractor and contractor.

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