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

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