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18 New York opinions name it 1 courts 1991–2025 8 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Corinno Civetta Construction Corp. v. City of New Yorkgreen2 sentences2025A no-damages-for-delay clause, however, is not a condition precedent, but rather an exculpatory clause ( see Corinno Civetta , 67 NY2d at 309). 2025A no-damages-for-delay clause, however, is not a condition precedent, but rather an exculpatory clause ( see Corinno Civetta , 67 NY2d at 309 ). | 8 | 11 |
Dorsa v. National Amusementsgreen2 sentences2023Corp. v County of Nassau , 6 AD3d 654, 655 [2d Dept 2004]; see generally Khayyam v Doyle , 231 AD2d 475, 476 [1st Dept 1996]). 2023Corp. v County of Nassau , 6 AD3d 654, 655 [2d Dept 2004]; see generally Khayyam v Doyle , 231 AD2d 475, 476 [1st Dept 1996]). | 3 | 3 |
Khayyam v. Doylegreen2 sentences2023Corp. v County of Nassau , 6 AD3d 654, 655 [2d Dept 2004]; see generally Khayyam v Doyle , 231 AD2d 475, 476 [1st Dept 1996]). 2023Corp. v County of Nassau , 6 AD3d 654, 655 [2d Dept 2004]; see generally Khayyam v Doyle , 231 AD2d 475, 476 [1st Dept 1996]). | 2 | 2 |
Blau Mechanical Corp. v. City of New Yorkgreen2 sentences2019Corp. v City of New York , 158 AD2d 373, 374 [1st Dept 1990]). 2019Corp. v City of New York , 158 AD2d 373, 374 [1st Dept 1990]). | 2 | 2 |
Kalisch-Jarcho, Inc. v. City of New Yorkgreen2 sentences2011The purpose of a no-damages-for-delay clause is to “extend acceptability to a range of unreasonable delay” by the contractee (in this case DASNY) (see Kalisch-Jarcho, Inc. v City of New York, 58 NY2d 377, 384 [1983]). 1991Corp. v City of New York ( 67 NY2d 297 ) and Kalisch-Jarcho, Inc. v City of New York ( 58 NY2d 377 ) for the proposition that a fraud cause of action may be utilized to evade a no-damages-for-delay clause in the parties’ contract is misplaced, since their teaching is that a contractor’s remedy for delay resulting from willful or grossly negligent acts of the contractee remains exclusively in contract rather than in tort. | 1 | 2 |
Dart Mechanical Corp. v. City of New Yorkgreen1 sentence2025Corp. v City of New York , 68 AD3d 664, 664 [1st Dept 2009]). | 1 | 1 |
Lopez v. Fernandito's Antique, Ltd.green2 sentences2025It is undisputed that the plain meaning of the parties' subcontract controls ( Lopez v Fernandito's Antique , 305 AD2d 218, 219 [1st Dept 2003]). 2025It is undisputed that the plain meaning of the parties' subcontract controls ( Lopez v Fernandito's Antique , 305 AD2d 218, 219 [1st Dept 2003]). | 1 | 1 |
Leon v. Martinezgreen1 sentence2017Moreover, in opposition to defendants’ motions to dismiss pursuant to CPLR 3211 (a) (1) and (7), plaintiff failed to submit any affidavits or other materials that remedied the defects in the complaint (Leon v Martinez, 84 NY2d 83, 88 [1994]). | 1 | 1 |
RR Chester, LLC v. Arlington Building Corp.green1 sentence2011Corp., 22 AD3d 652, 654 [2005]), which would also constitute an exception to the no-damages-for-delay clause (see Corinno Civetta Constr. | 1 | 1 |
Gilman & Ciocia, Inc. v. Walshgreen1 sentence2011However, since a waiver is the voluntary and intentional relinquishment of a known right, which is not created by negligence, oversight, or silence (see Golfo v Kycia Assoc., Inc., 45 AD3d 531, 532 [2007]), a waiver of the no-damages-for-delay clause for delays for other reasons not mentioned in those change orders may not be inferred. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Torres v. Triborough Bridge & Tunnel Auth.
green
2 sentences2022Trials & Hearings Contract Dispute Resolution Bd. , 193 AD3d 665 , 666 [1st Dept 2021], lv denied 38 NY3d 903 [2022]). 2022Trials & Hearings Contract Dispute Resolution Bd. , 193 AD3d 665 , 666 [1st Dept 2021], lv denied 38 NY3d 903 [2022]). | 2 | 2022–2022 |
LoDuca Associates, Inc. v. PMS Construction Management Corp.
green
1 sentence2025Moreover, that there was a year-long delay in the commencement of plaintiff's work is of no moment, as the length of a delay does not transform a delay of a type specifically contemplated in a no-damages-for-delay clause into an uncontemplated delay (see id. at 486 ; see also Dart Mech[*2]. | 1 | 2025–2025 |
Start Elevator, Inc. v. City of New York
green
1 sentence2021CDRB had a rational basis for determining that petitioner Tutor Perini's claims were not for "extra work," as it urged, but rather for delay damages, which are barred by a no-damages-for-delay clause in its construction contract with DOT ( see Matter of Start El., Inc. v City of New York , 104 AD3d 488 [1st Dept 2013]). | 1 | 2021–2021 |
Castagna & Son, Inc. v. Board of Education
green
1 sentence2015Corp. v City of New York, 67 NY2d 297, 309 [1986]; Castagna & Son v Board of Educ. of City of NY [New Dorp High School], 173 AD2d 405 [1991]). | 1 | 2015–2015 |
Bovis Lend Lease LMB Inc. v. GCT Venture, Inc.
green
1 sentence2006Corp. v City of New York, 67 NY2d 297 [1986]; Bovis Lend Lease LMB v GCT Venture, 6 AD3d 228 [2004]; Tougher Indus. v Northern Westchester Joint Water Works, 304 AD2d 822 [2003]). | 1 | 2006–2006 |
Tougher Industries, Inc. v. Northern Westchester Joint Water Works
green
1 sentence2006Corp. v City of New York, 67 NY2d 297 [1986]; Bovis Lend Lease LMB v GCT Venture, 6 AD3d 228 [2004]; Tougher Indus. v Northern Westchester Joint Water Works, 304 AD2d 822 [2003]). | 1 | 2006–2006 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.