Construction—"No-Damages-For-Delay" Clauses Required Dismissal of Delay Damage Claims—Exceptions Were Inapplicable—Causes for Delay Were Contemplated—Issues of Fact as to Whether Subcontractors Intended To Waive Their Right To Litigate Claims and Whether Purported Waivers and Releases Should Be Construed as Receipts Rather Than Releases and Waivers of Claims

This decision arose from a "public improvement construction contract." A general contractor (GC) moved for summary judgment dismissing the complaint which had been filed by plaintiff subcontractors and for discharge of subcontractors' liens. The court granted the GC's motion in part.

The subject construction contract involved the renovation of a public museum (project). The GC had been hired by the New York City Dep't of Design and Construction (DDC). The GC had retained the subcontractors to perform certain work pursuant to three public works subcontracts (subcontracts).