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Senate advances bill barring contract clauses that waive delay-damage claims
Summary
Senate Bill 78, which would prohibit construction-contract provisions that waive or extinguish rights to recover damages for unreasonable delays, was advanced to third reading after sponsors described real-world examples of delayed projects and argued the measure protects subcontractors and fair recovery.
Senate Bill 78 was presented and debated on Jan. 28, 2002. Sponsor Senator Jenkins said the bill modifies the Commerce and Trade Code to prohibit provisions in construction contracts that "waive, release, limit, or extinguish the rights to recover damages or an equitable adjustment"…
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