Jeffrey Haber | Freiberger Haber In Gamma USA, Inc. v. Pavarini McGovern, LLC, 2026 N.Y. Slip Op. 05237 (1st Dept. September 10, 2026), the Appellate Division, First Department, addressed the interplay between pass-through claims, liquidating agreements, liquidated damages provisions, and consequential damages waivers in complex construction disputes. The Court held that a subcontractor could not… Continue reading Court Enforces Liquidated Damages Cap and Consequential Damages Waiver in Pass-Through Claim
Tag: Liquidated Damages
3rd District Analyzes Liquidated Damages Provision, Contingency Risk Multiplier in Context of Construction Contract
Nathan R. Woods | Marshall Dennehey Alan Kent Little v. Bath & Kitchen Boutique, LLC, 51 Fla. L. Weekly D1073 (Fla. 3rd DCA, May 27, 2026)\ Alan Little and Bath & Kitchen Boutique, LLC (BKB) entered into an agreement wherein BKB would design and renovate Little’s master bathroom. A portion of BKB’s work failed to… Continue reading 3rd District Analyzes Liquidated Damages Provision, Contingency Risk Multiplier in Context of Construction Contract
Louisiana Public Entities Can No Longer Withhold Contested Liquidated Damages
Christopher D. Cazenave | Jones Walker Act 255 changed Louisiana’s public prompt-payment rules, and on public projects it changes the balance of leverage in a real way. It took effect May 15, 2026. The core change: A public owner can no longer hold back liquidated damages the contractor disputes. If the owner believes it is… Continue reading Louisiana Public Entities Can No Longer Withhold Contested Liquidated Damages
Addressing Damages for Delay Contractually
David J. Pfeffer, Sean T. Scuderi, Eric Zipkowitz and Brian J. Markowitz | Tarter Krinsky & Drogin Construction delay damages are a frequent source of dispute on construction projects. When delays occur, owners and contractors often seek to recover increased costs, extended general conditions, lost productivity, and, in some cases, lost profits. To succeed on… Continue reading Addressing Damages for Delay Contractually
Liquidated Damages: Protecting Contractors When Global Supply Chains Break
Richard Whiteley and Phillip L. Sampson, Jr. | Bracewell To ensure liquidated damages clauses are both enforceable and equitable, construction professionals should work closely with legal counsel to craft provisions that include clear, adequate checks to prevent overreach or ambiguity. Supply-chain disruptions in construction and other industries are no longer aberrations and are now viewed… Continue reading Liquidated Damages: Protecting Contractors When Global Supply Chains Break