Tred R. Eyerly | Insurance Law Hawaii A recommended decision from the Magistrate Judge of the Federal District Court for the District of Colorado found there was no coverage for the subcontractor’s faulty workmanship, but recognized that Colorado finds consequential damages to be property damage. Indian Harbor Ins. Co. v. Houston Cas. Co.,… Continue reading Colorado Federal Court Confirms Consequetial Property Damage, But Finds No Coverage for Subcontractor
Tag: Consequential Damages
Careful Contract Drafting Could Mean Recovery of Liquidated Damages and Actual and Consequential Damages
Alexandra C. “Allie” Apple | ConstructLaw Town of New Milford v. Std. Demolition Srvcs., Inc., 212 Conn. App. 30 (2022) The case involved cleanup and environmental remediation of a vacant factory contaminated with polychlorinated biphenyls and asbestos. The town of New Milford (Town) contracted with Standard Demolition Services, Inc. (Contractor) to perform the third phase… Continue reading Careful Contract Drafting Could Mean Recovery of Liquidated Damages and Actual and Consequential Damages
What is the Consequence of Excluding Consequential Damages from a Construction Contract?
Amy Wolfshohl | Porter Hedges 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 these broad categories, there is often little negotiation as to the specific types of damages that are excluded.1 The lack of… Continue reading What is the Consequence of Excluding Consequential Damages from a Construction Contract?
Arizona Trial Court Holds Owner May Recover First-Party Consequential Damages From Subcontractor Despite Prime Contract Waiver
Jason Ebe | Snell & Wilmer In a recent Arizona case, the trial court held that an owner could sue a subcontractor directly for recovery of the owner’s consequential delay damages based on the subcontract’s express indemnity clause, notwithstanding that recovery of those same damages against the prime contractor were barred by the language of… Continue reading Arizona Trial Court Holds Owner May Recover First-Party Consequential Damages From Subcontractor Despite Prime Contract Waiver
Contract Drafting Tip: “LEED” Damages and the Waiver of Consequential Damages Clause
David A. Blake | Seyfarth Shaw Potential Damages Potential damages arising from the failure to achieve statutory or contractual requirements concerning Leadership in Energy and Environmental Design (LEED) or other green building standards are far ranging and may include: fines, loss of financing or tax incentives, loss of tenants, decreased building value, decreased worker productivity,… Continue reading Contract Drafting Tip: “LEED” Damages and the Waiver of Consequential Damages Clause