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
Tag: Construction Contract
Cost Reimbursable vs. Lump Sum Turnkey Construction Contracts: the Many Routes to Bankability
Troy Edwards and Peter Tolson | A&O Shearman In the construction industry, the choice of procurement approach is a critical decision that shapes project risk allocation, financing structures, equity support requirements, and practical execution considerations. Lenders and investors closely scrutinize contract terms to assess the bankability of a project, as the allocation of risk between… Continue reading Cost Reimbursable vs. Lump Sum Turnkey Construction Contracts: the Many Routes to Bankability
Key Changes to R&D, Construction, and Contract Actions
Anam Abid, Cherlylyn Harley LeBon and James Sabia | Cohen Seglias Pallas Greenhall & Furman As discussed in our previous update, the FAR Council has been periodically publishing revisions to the Federal Acquisition Regulation (FAR). These revisions come on the back of the Trump Administration’s executive order “Restoring Common Sense to Federal Procurement.” For more information… Continue reading Key Changes to R&D, Construction, and Contract Actions
Motions to Dismiss, Limitations of Liability, and More
Christopher G. Hill | Construction Law Musings Remember BAE Sys. Ordnance Sys. V. Fluor Fed. Sols? I examined that case on two occasions previously here at Construction Law Musings. Previously the discussions were about the mix (or lack thereof) between fraud and contract and about how careful contract drafting is key. In the most recent opinion in this ongoing litigation from March… Continue reading Motions to Dismiss, Limitations of Liability, and More
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