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: Construction Contract
A Recent Washington Supreme Court Decision Underscores the Significance of Safety Protocol Provisions in Construction Contracts
Laurie Hager | Snell & Wilmer Under Washington common law, property owners owe a duty of reasonable care to “invitees” (essentially, persons invited onto the land by the owner), which requires owners to inspect for dangerous conditions and to make such repair, safeguards, or warnings as may be reasonably necessary for the protection of invitees… Continue reading A Recent Washington Supreme Court Decision Underscores the Significance of Safety Protocol Provisions in Construction Contracts
California Contract Law Update: Conditional Payment Clauses
Allyson McKinstry, Gregory D. Call and Rebecca Suarez | Crowell & Moring Recent developments in California case law have strengthened the ability to enforce conditional or tiered payments in commercial contracts and leases. Retail leases provide one common example of the contracting issue. Retailers frequently seek co-tenancy provisions in their shopping center leases, which address… Continue reading California Contract Law Update: Conditional Payment Clauses
Are Construction Contract Limitation of Liability Clauses on the Way Out in Virginia?
Christopher G. Hill | Construction Law Musings Remember BAE Systems and Fluor? This post is the third here at Construction Law Musings relating to this case which is a seemingly never-ending source for content. In the prior post discussing this case, the Court found that Va. Code 1-4.1:1 which bars waiver of a right to payment before work is performed… Continue reading Are Construction Contract Limitation of Liability Clauses on the Way Out in Virginia?
Limitation of Damages Clause in Contract Held Inapplicable to Subcontractor’s Change Order Claim
John Mark Goodman | BuildSmart Construction contracts often include clauses that purport to limit the liability of one or both parties. This includes clauses that completely prohibit any claims for certain types of damages such as lost profits and other consequential damages, extended overhead or other “delay” damages, and exemplary/punitive damages. Contracting parties may also include clauses… Continue reading Limitation of Damages Clause in Contract Held Inapplicable to Subcontractor’s Change Order Claim