In a unanimous decision, the Supreme Court declared that the City of Renton could not excuse itself from delays caused by uitlity companies that impacted Scoccolo where the city could have prevented those delays yet failed to do so. The Court specifically declared the City's "No Damage for Delay" clause was unenforceable, even though it was aimed at delays caused by third parties who were under the City's control, rather than delays caused directly by the City itself.
Scoccolo was awarded it's attorneys' fees, costs and prejudgment interest.
Berschauer Phillips v. Fab. Products
Aug 26, 2008
Successfully represented General Contractor in a dispute involving subcontractors and suppliers on a major construction project in Washington State.