Southern Seeding Service, Inc. v W.C. English, Inc., et al

Appellant's Brief on Damages for Delay

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A construction contract includes both a price escalation provision, by which unit prices would be adjusted if work was ongoing after the recited completion date, and a no-damages-for-delay provision. It was error for the trial court to deny a price adjustment on the basis of the no-damages-for-delay provision, because price escalation would not be "compensation for delay," and the specially negotiated price escalation provision should have been preferred to the boilerplate no-damages-for-delay provision.

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Reference Info:Appellate Brief | State, 4th Circuit, North Carolina | United States


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