Brendan J. Witry | The Dispute Resolver In Hadley v Baxendale, 9 Ex. 341 [1854], of 1L Contracts lore, the Court of Exchequer set out the dichotomy of direct damages and consequential (or indirect) damages. In the 170 years that have followed, lawyers on both sides of the Atlantic have sought to parse out what are… Continue reading Toolbox Talk Series: Direct Versus Consequential Damages–Is There a Clear Demarcation?
Tag: Construction Contract
A Good Read on Fraud versus Contract
Christopher G. Hill | Construction Law Musings Here at Construction Law Musings, I have discussed the interwoven issues of fraud, contract, and the Virginia Consumer Protection Act (VCPA) on several occasions. In most cases, the three simply don’t mix, acting more like oil and water than parallel causes of action. There are exceptions however so these three are always worth exploring in most… Continue reading A Good Read on Fraud versus Contract
Construction Contracts That Mitigate Impacts From Tariffs and Immigration Enforcement
Tiffany A. Harrod and Joshua M. Pruett | Peckar & Abramson Tariffs and immigration enforcement are at the forefront of the federal government’s agenda in today’s world, and both can have a substantial impact on a construction contractor’s cost and time to perform its work. However, with proper planning and contract negotiations, contractors can eliminate,… Continue reading Construction Contracts That Mitigate Impacts From Tariffs and Immigration Enforcement
Yes, Damages for Delay: Court Permits Delay Damage Claim to Proceed
John Mark Goodman | BuildSmart A federal court in upstate New York is permitting a subcontractor’s delay claim to proceed notwithstanding a “no damages for delay” provision in the subcontract. The case, The Pike Company, Inc. v. Tri-Krete, Ltd., involves delay claims asserted by a subcontractor hired to install pre-cast concrete walls on a college dormitory project. The… Continue reading Yes, Damages for Delay: Court Permits Delay Damage Claim to Proceed
A Good Read on Fraud Versus Contract
Christopher G. Hill | Construction Law Musings Here at Construction Law Musings, I have discussed the interwoven issues of fraud, contract, and the Virginia Consumer Protection Act (VCPA) on several occasions. In most cases, the three simply don’t mix, acting more like oil and water than parallel causes of action. There are exceptions however so these three are always worth exploring in most… Continue reading A Good Read on Fraud Versus Contract