Amy Wolfshohl | Porter Hedges Excluding consequential damages has become a regular part of negotiating engineering and construction contracts. A typical clause excludes recovery of indirect, exemplary, and consequential damages for both parties. Beyond these broad categories, there is often little negotiation as to the specific types of damages that are excluded.1 The lack of… Continue reading What is the Consequence of Excluding Consequential Damages from a Construction Contract?
Tag: Consequential Damages
Arizona Trial Court Holds Owner May Recover First-Party Consequential Damages From Subcontractor Despite Prime Contract Waiver
Jason Ebe | Snell & Wilmer In a recent Arizona case, the trial court held that an owner could sue a subcontractor directly for recovery of the owner’s consequential delay damages based on the subcontract’s express indemnity clause, notwithstanding that recovery of those same damages against the prime contractor were barred by the language of… Continue reading Arizona Trial Court Holds Owner May Recover First-Party Consequential Damages From Subcontractor Despite Prime Contract Waiver
Contract Drafting Tip: “LEED” Damages and the Waiver of Consequential Damages Clause
David A. Blake | Seyfarth Shaw Potential Damages Potential damages arising from the failure to achieve statutory or contractual requirements concerning Leadership in Energy and Environmental Design (LEED) or other green building standards are far ranging and may include: fines, loss of financing or tax incentives, loss of tenants, decreased building value, decreased worker productivity,… Continue reading Contract Drafting Tip: “LEED” Damages and the Waiver of Consequential Damages Clause
Consequential Damages: Is Your Waiver “Inconsequential”?
Earl K. Messer | Taft Stettinius & Hollister You are entering a major construction contract. You want to make sure you avoid a big damages claim to the extent you can. One of the typical contract clauses that comes to mind is one for a mutual waiver of consequential damages. You get it included in… Continue reading Consequential Damages: Is Your Waiver “Inconsequential”?
Ohio Appellate Court Awards Consequential Damages for Contractor’s Failure to Achieve Substantial Completion Due to Recklessness
Alexandra Parriman | Bricker & Eckler When a contractor indicated indifference to executing a project on schedule and failing to meet the substantial completion date, an Ohio appellate court found that the contractor’s actions constituted recklessness and, based on the terms of the contract, triggered the award of consequential damages. This case arose out of a contract… Continue reading Ohio Appellate Court Awards Consequential Damages for Contractor’s Failure to Achieve Substantial Completion Due to Recklessness