Robert Banner | Tarter Krinsky & Drogin Judge Andrea Masley of the Supreme Court of New York County rendered a decision in Bldg 44 Developers LLC. v. The Pace Companies of New York LLC, which is highly significant in the area of construction law for two reasons: The first is that it clarifies, in the… Continue reading Consequential Damages: Contract Language Is Key
Tag: Consequential Damages
Consequential vs. Direct Damages
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
Building Design Disputes – New Analysis of Direct v. Consequential Damages in Florida
Stephanie Eaton | Spilman Thomas & Battle Are design professionals involved in your Florida project? If so, then you need to be aware of this newly decided case. The U.S. District Court for the Middle District of Florida, in Orlando, issued an Order on July 11, 2025, confirming that in Florida, remediation costs for defective… Continue reading Building Design Disputes – New Analysis of Direct v. Consequential Damages in Florida
When Delays Cost More Than Time: Understanding Consequential Damages
Matthew DeVries | Best Practices Construction Law When I draft and negotiate construction contracts—whether representing contractors, subcontractors, or owners—there’s always one provision that seems to get special attention: the waiver of consequential damages. For good reason. It can significantly impact both parties’ exposure if things go sideways on a project. So what are “consequential damages,”… Continue reading When Delays Cost More Than Time: Understanding Consequential Damages
If It’s Not In The Contract, Don’t Count On Consequential Damages
Jose A. Aquino | Duane Morris A recent decision by the New York State Supreme Court, Appellate Division, Fourth Department, in James Vermillion v. The Roofing Guys, Inc., sheds light on the limitations of consequential damages in breach of contract cases. The ruling reinforces the principle that damages are only recoverable if they were reasonably contemplated… Continue reading If It’s Not In The Contract, Don’t Count On Consequential Damages