Kellie Ros and Curt Martin | ConsensusDocs You are inexcusably late with construction of a football stadium, a casino, or similar project that generates large income for the owner. The indirect damages, often referred to as consequential damages, that flow from the delay can be astronomical to the point of breaking your company if it… Continue reading Waiving Consequential Damages—What Could Go Wrong?
Tag: Consequential Damages
Construction Litigation Roundup: “Life’s a Beach!”
Daniel Lund III | Phelps Dunbar A federal court sitting in the United States Virgin Islands, in the process of partially granting a request for reconsideration asserted by a surety, reaffirmed aspects of the challenged ruling concerning the ability of a claimant to seek “consequential damages” from a performance bond surety – potentially beyond the… Continue reading Construction Litigation Roundup: “Life’s a Beach!”
Lost Profits May or May Not be Consequential Damages
Glenn D. West | Global Private Equity Watch Some drafting lessons seem to require constant relearning. And that is no more the case than in drafting the ubiquitous “consequential damages” waiver. Although there are many reasons to avoid the use of the term “consequential damages” altogether, if you are going to use the term in… Continue reading Lost Profits May or May Not be Consequential Damages
Colorado Federal Court Confirms Consequetial Property Damage, But Finds No Coverage for Subcontractor
Tred R. Eyerly | Insurance Law Hawaii A recommended decision from the Magistrate Judge of the Federal District Court for the District of Colorado found there was no coverage for the subcontractor’s faulty workmanship, but recognized that Colorado finds consequential damages to be property damage. Indian Harbor Ins. Co. v. Houston Cas. Co.,… Continue reading Colorado Federal Court Confirms Consequetial Property Damage, But Finds No Coverage for Subcontractor
Careful Contract Drafting Could Mean Recovery of Liquidated Damages and Actual and Consequential Damages
Alexandra C. “Allie” Apple | ConstructLaw Town of New Milford v. Std. Demolition Srvcs., Inc., 212 Conn. App. 30 (2022) The case involved cleanup and environmental remediation of a vacant factory contaminated with polychlorinated biphenyls and asbestos. The town of New Milford (Town) contracted with Standard Demolition Services, Inc. (Contractor) to perform the third phase… Continue reading Careful Contract Drafting Could Mean Recovery of Liquidated Damages and Actual and Consequential Damages