John and Randy,  I got a call from Bob Sevitz regarding a change I made to the EECC revisions  to the Co Op City EPC contract.
Specifically, I deleted language he had  added to the waiver of consequential damages.
Bob had added a provision that  said that the waiver was "subject to" the indemnification section of the  contract.
I felt this was too broad of a carve out, especially from the  contractor's point of view.
Any tweaking of the indemnity language (to  blatantly reconcile it with the waiver) can occur during the drafting process.
Just wanted to pass this along.
Kay

Co Op City EPC contract
John and Randy, I got a call from Bob Sevitz regarding a change I made to the EECC revisions to the Co Op City EPC contract.
Specifically, I deleted language he had added to the waiver of consequential damages.
Bob had added a provision that said that the waiver was "subject to" the indemnification section of the contract.
I felt this was too broad of a carve out, especially from the contractor's point of view.
Any tweaking of the indemnity language (to blatantly reconcile it with the waiver) can occur during the drafting process.
Just wanted to pass this along.
Kay
waiver consequential damages bob added provision broad carve change eecc revisions op city language blatantly indemnification section wanted pass kay john randy specifically deleted