Matthew Grashoff and Sonja Rice | Hahn Loeser & Parks When reviewing a contract, how often have you had the following thoughts: “That provision is so one-sided, there’s no way it will be enforced the way it’s written!” Or “I won’t worry about negotiating that provision; a court would never enforce it as written.” A… Continue reading Beware What Your Contract Says: It Just Might Be Enforced
Tag: Construction Contract Provisions
Don’t Overlook a Contract’s Liquidated Damages Provision
Nicholas D. Karkazis | Stoel Rives We’ve written before about contractual provisions that sometimes go unnoticed or unappreciated. Another such provision is a “liquidated damages” provision. Liquidated damages are a way to agree beforehand to the amount of damages that one party will owe the other in the event of a particular type of breach.… Continue reading Don’t Overlook a Contract’s Liquidated Damages Provision
Pandemic Creates Cause to Rethink Overlooked Contract Provisions
Zachary Davis | Ahead of Schedule The last time my byline appeared in this column, we were just a few weeks into the government-ordered lockdown, and I pondered whether construction projects could — or should — continue. In the year since, the construction industry proved adaptable as owners and general and trade contractors worked closely… Continue reading Pandemic Creates Cause to Rethink Overlooked Contract Provisions
Waiver of Consequential Damages: The Most Important Provision in a Construction Contract
Jeremy P. Brummond | Construction Executive Construction agreements can be lengthy. They often include terms covering everything from logistics for working on the project site to complicated provisions regarding intellectual property. Many provisions in a construction agreement deal with risk and who is going to pay for damage claims if or when they occur. However,… Continue reading Waiver of Consequential Damages: The Most Important Provision in a Construction Contract
Reasonableness of Liquidated Damages Determined at Time of Contract (or, You Can’t Look Back Again)
Christopher G. Hill | Construction Law Musings I’ve discussed the continuing litigation between White Oak Power Constructors v. Mitsubishi Hitachi Power Systems Americas, Inc. previously here at Construction Law Musings because the case was another reminder that your construction contract terms matter and will be interpreted strictly here in the Commonwealth of Virginia. The prior opinion in this case from the… Continue reading Reasonableness of Liquidated Damages Determined at Time of Contract (or, You Can’t Look Back Again)