John Mark Goodman | BuildSmart Many construction contracts include a provision that prohibits the parties from recovering “consequential” damages in the event of a breach. Sometimes parties will negotiate and agree to a waiver of consequential damages that identifies and describes what damages are considered consequential damages. For example, the parties may agree that prohibited consequential… Continue reading Consequential vs. Direct Damages
Month: August 2025
Appellate Court Reaffirms Limits on Delay Damages in Construction Contracts
Jose A. Aquino | Duane Morris On June 5, 2025, the Appellate Division, First Department of the New York Supreme Court issued an opinion in Gamma USA, Inc. v. Pavarini McGovern, LLC, addressing the enforceability of a no-damages-for-delay clause in a construction contract between the subcontractor and contractor. The subcontractor had brought breach of contract claims… Continue reading Appellate Court Reaffirms Limits on Delay Damages in Construction Contracts
Signed By Silence?: Court Finds Consumer Agreed to Arbitration By Failing to Respond to a Text Message- and Its a Little Odd
Eric Troutman | Troutman Amin Hello from the road! So contract law generally requires a party to manifest their assent to the terms of any agreement. That means while you cannot get away with saying “I didnt read the contract I signed” you generally can get away with “I didn’t sign the contract.” haha. In Thompson… Continue reading Signed By Silence?: Court Finds Consumer Agreed to Arbitration By Failing to Respond to a Text Message- and Its a Little Odd
R-E-C-I-P-R-O-C-I-T-Y ~ Find Out What It Means to You (Updated August 2025)
Marc Coats and Robert James | Gravel 2 Gavel UPDATED August 2025: What a difference eight years make. This article was originally published in 2014 and was updated in 2017. We have again updated the links to the relevant agency resources. The question frequently arises for participants in a nationwide construction contracting industry. Simply stated, is… Continue reading R-E-C-I-P-R-O-C-I-T-Y ~ Find Out What It Means to You (Updated August 2025)
Control, Creativity, Closure: The Mediation Advantage
Hon. Morton Denlow and Harshitha Ram, Esq. | JAMS In a world rife with conflict—commercial, interpersonal, organizational and beyond—the need for effective dispute resolution has never been greater. Judge Morton Denlow, a retired U.S. Magistrate Judge, offers this perspective from the bench and the mediation table: As a retired judge and mediator at JAMS with… Continue reading Control, Creativity, Closure: The Mediation Advantage