Turner Construction Company v. MJ Flaherty Company (Lawyers Weekly No. 12-028-17)
Subcontract waiver of consequential damages bars recovery even if cardinal change in contract scope is proven.
Subcontract waiver of consequential damages bars recovery even if cardinal change in contract scope is proven.
Subcontractor's counterclaims for consequential damages dismissed despite cardinal change argument because subcontract explicitly waived indirect damages claims.
Correction officer entitled to assault pay throughout workers' compensation period, even after retirement. Three-year statute of limitations bars only payments more than three years before suit.