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Disclaimers

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  CONTRACT EFFECTIVELY DISCLAIMED SUBSURFACE INFORMATION
A construction contract and an attached geotechnical report both disclaimed responsibility for the accuracy of subsurface information. Despite the indication there was no rock in the excavation area, a contractor acted at its peril when it bid a contingent “rock excavation” item below cost.
  EQUITABLE PRICE ADJUSTMENT NOT THWARTED BY NO-DAMAGE-FOR-DELAY CLAUSE
Despite a no-damage-for-delay clause in a subcontract, the subcontractor was entitled, under a separate equitable price adjustment clause, to the increased costs of labor and materials incurred because of an extended performance period.
  OWNER COULD ENFORCE NO-DAMAGE-FOR-DELAY CLAUSE DESPITE MISMANAGEMENT
Inept scheduling and administration by a project owner and its construction manager did not rise to the level of gross negligence or breach of contract. The owner could therefore enforce a no-damage-for-delay clause against a contractor.
  GOVERNMENT DISCLAIMER OF WORK AREA SIZE NOT ENFORCED
While the government disclaimed the accuracy of its stated work area size, the contractor reasonably relied on that affirmative representation. The contract did not contain the standard site investigation clause.
 
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