David Adelstein | Florida Construction Legal Updates | December 1, 2018 Contractual waivers of consequential damages are important, whether they are mutual or one-sided. I believe in specificity in that the types of consequential damages that are waived should be detailed in the waiver of consequential damages provision. Standard form construction agreements provide a good template of… Continue reading Contractual Waiver of Consequential Damages
Tag: Consequential Damages
Court Denies Recovery of Public Adjuster Fees in Breach of Contract Action
Ashley Harris | Property Insurance Coverage Law Blog | December 16, 2018 In Kingshill Hospitality, Inc. v. American Economy Insurance Company,1 the policyholder’s hotel was damaged by a fire. Three days later the policyholder hired a public adjuster to assist in submitting its insurance claim. A dispute arose regarding the amount of loss and the policyholder filed… Continue reading Court Denies Recovery of Public Adjuster Fees in Breach of Contract Action
Federal Court in Pennsylvania Analyzes Which Types of Damage are Barred by Contractual Waiver of Consequential Damages
Kristopher Berr | Pepper Hamilton LLP | January 26, 2017 Jay Jala, LLC v. DDG Construction, Inc., No. 15-3948, 2016 US Dist. LEXIS 150969 (E.D. Pa. Nov. 1, 2016) Jay Jala, LLC was the owner of a motel construction project in Allentown, Pennsylvania. DDG Construction, Inc. was the contractor. The project was delayed during construction… Continue reading Federal Court in Pennsylvania Analyzes Which Types of Damage are Barred by Contractual Waiver of Consequential Damages
Direct vs. Consequential Damages – What is the Difference, Really?
Stan Martin | Commonsense Construction Law LLC | November 3, 2016 Many people, even while negotiating the terms of a contract “mutual waiver of consequential damages” clause, fail to appreciate the distinction between direct and consequential damages. A federal district court judge in Pennsylvania has penned a thoughtful decision on this issue, worth noting. The… Continue reading Direct vs. Consequential Damages – What is the Difference, Really?
NJ Supreme Court Holds Insurers Liable for Subcontractor’s Defective Work
Practical Law | August 18, 2016 In a case of first impression, the Supreme Court of New Jersey recently held that insurers may be liable for consequential damages resulting from a subcontractor’s defective work under commercial general liability insurance policies. On August 4, 2016, in Cypress Point Condominium Association, Inc. v. Adria Towers, LLC, the… Continue reading NJ Supreme Court Holds Insurers Liable for Subcontractor’s Defective Work