Daily Archives: Thursday, January 9, 2020

Posted: January 9, 2020

Questions of Fact Regarding Defendant’s Alleged Misconduct Precluded Dismissal Based on Construction Contract’s No Damages for Delay Clause

On December 26, 2019, the First Department issued a decision in Tyrek Hgts. Erectors, Inc. v. WDF, Inc., 2019 NY Slip Op. 09386, holding that questions of fact regarding a defendant’s alleged misconduct precluded dismissal based on a construction contract’s no damages for delay clause, explaining: Plaintiff has met its burden of pointing to evidence... Read more »