John Mark Goodman and Joe Mack Curry II | BuildSmart The usual measure of damages for breach of a construction contract is the cost to repair the defects or finish the incomplete work. But what if the cost to repair or compete is grossly disproportionate to the value that the additional work would create? In that… Continue reading The Gross Disproportionality Exception to Construction Damages
Critical Risk Mitigation Provisions for Design Contracts — Part 1: Waiver of Consequential Damages
James B. Wright and Barrett N. Lindsey | Clark Hill An essential element of architect and engineer contracts with their clients is the treatment of risk sharing between the parties. Design professionals who are typically simply providing services for a fee, and who are not investors who will share in the profits of a successful… Continue reading Critical Risk Mitigation Provisions for Design Contracts — Part 1: Waiver of Consequential Damages
Critical Risk Mitigation Provisions for Design Contracts – Part 2: Limitation of Liability Clauses
Barrett Lindsey and James Wright | Clark Hill As discussed in Part 1 of this series, design professionals face significant exposure for claims arising out of alleged errors and omissions in the performance of their services. While waivers of consequential damages help limit exposure to indirect losses, limitation of liability (“LOFL”) provisions serve as another… Continue reading Critical Risk Mitigation Provisions for Design Contracts – Part 2: Limitation of Liability Clauses
Court Bars Coverage for Late Notice and Pre-Notice Repairs
Joshua Tumen and Nicole Renna | Property Insurance Law Observer In Global Approach, Inc. v. Scottsdale Insurance Co., 2026 WL 1513430 (S.D. Fla. June 1, 2026), the United States District Court for the Southern District of Florida granted summary judgment to the insurer, holding that the insured’s six-week delay in reporting a water loss – coupled… Continue reading Court Bars Coverage for Late Notice and Pre-Notice Repairs
How Much Can A Subcontractor Collect on Its Mechanics’ Lien?
Jonathan Freiberger | Freiberger Haber As discussed in our recent article “Mechanics’ Liens and Discharge Bonds,” mechanics’ liens are powerful tools available to, inter alia, contractors, laborers, and materialmen when they are not paid for their work in improving real property. As the Court of Appeals noted long ago: The object and purpose of the… Continue reading How Much Can A Subcontractor Collect on Its Mechanics’ Lien?