Findlen v. Winchendon Housing Authority

Although the construction contract between the Winchendon Housing Authority (Authority), as owner, and Fred J. Findlen & Sons (Findlen), as general contractor, contained a sweeping provision disclaiming any liability by the owner for job delays, Findlen obtained, on account of delay damages, a judgment for $29,056.82, the amount it paid in a separate action to one of its subcontractors, plus $2,500 in attorney’s fees. We conclude that through a series of memoranda and letters the owner modified the scope of the original provision exculpating it from a duty to pay delay damages and we affirm…