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I used to tell banks not to do business with customers by cell phones because the possibility of fraud was heightened. As far back as 15 years ago, I had a bank client that was tricked into sending a $20,000 unauthorized wire transfer when confirmation of a fax was obtained by calling a cell phone number that had been provided only by the fraudster.
While "no damage for delay" clauses have become power weapons in the hands of owners and contractors attempting to insulate themselves from delay claims brought by those "downstream," they cannot always be used to dismiss cases in the pleading stage.
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