News & Analysis as of

Consequential Damages Construction Industry

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Saving Time And Cost In Negotiating Construction Management Agreements

In our negotiation of construction management agreements for owners and developers, we have found that some overly aggressive counsel for the construction manager respond to our draft agreements with voluminous redlines, in...more

Porter Hedges LLP

What is the Consequence of Excluding Consequential Damages from a Construction Contract?

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Excluding consequential damages has become a regular part of negotiating engineering and construction contracts. A typical clause excludes recovery of indirect, exemplary, and consequential damages for both parties. Beyond...more

Maynard Nexsen

Consequential Damages in Construction – The Silent Killer

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One of the biggest risks contractors and subcontractors face on construction projects is liability for consequential damages, although many of them may not even know about that risk, much less understand it. Consequential...more

Cohen Seglias Pallas Greenhall & Furman PC

Construction Delays in the Time of Coronavirus: A Legal Perspective

“Time is money.” There are few places where that phrase is truer than in construction, and unfortunately, that truth has been highlighted by the coronavirus pandemic shutting down construction throughout Pennsylvania....more

Bradley Arant Boult Cummings LLP

Appellate Court asks Florida Supreme Court: What Kind of Damages Are Repair Costs?

On January 25, 2019, a Florida appellate court certified the following question to the Florida Supreme Court...more

Saul Ewing LLP

Waiver of Consequential Damages in Florida May have Unintended Consequences

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In Florida, parties often negotiate and include a waiver of consequential damages in construction contracts and design professional contracts. However, based on a recent decision by one Florida appellate court, waiving the...more

Cohen Seglias Pallas Greenhall & Furman PC

Common Missteps When Suing the State of New Jersey and How to Prevent Them

When a construction contractor decides to file a claim against the State of New Jersey, certain procedures must be followed. In this webinar, Cohen Seglias Associate Jennifer Budd discussed common missteps contractors make in...more

Troutman Pepper

Federal Court in Pennsylvania Analyzes Which Types of Damage are Barred by Contractual Waiver of Consequential Damages

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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....more

Blank Rome LLP

Breaking News—New Jersey Supremes at Last Deliver New Jersey Developers a Win against the Insurance Industry, Finding Coverage...

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Action Item: Developers and contractors, as well as commercial and residential property owners and occupants, must be aware of a recent New Jersey Supreme Court decision in Cypress Point Condominium Association, Inc. v. Adria...more

Robinson+Cole Construction Law Zone

Limitations of liability—Scenario One: Waivers of Consequential Damages

This is the second post in the four-part series “Limitations of liability—The Elephant in the Room.” Waivers of consequential damages have become the industry standard, and these clauses are found in most industry...more

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