Mecca Construction Corp. v. All Interiors, Inc.

Fremont-Smith, Thayer, J.

Plaintiff is suing to recover for additional work it allegedly performed pursuant to its subcontract with the general contractor on a construction site to install the dry walls in the building. The agreement contained a “no damages for delay” clause, which is common in the industry. It stated:

6.8 - Delay Extension. Subcontractor agrees it shall have no claim for money damages or additional compensation for delay, no matter how caused. For an increase in the time required for performance of this subcontract not due to fault of the subcontractor, the sole and exclusive…