Transcription of DE Recovering and Avoiding Consequential …
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DE Recovering and Avoiding Consequential …
John H. DanneckerJason W. HillRecovering and Avoiding Consequential Damages in the Current Economic ClimateBy John H. Dannecker, Jason W. Hill, John E. Kofron, and Dale B. RycraftIn construction projects of any complexity, some noncon-forming or untimely work is inevitable, and may lead to finger-pointing and claims for each party is entitled to the damages it seeks frequently depends in large measure on whether the dam-ages are classified as direct or Consequential . Recov-ery of the latter requires proof of more elements with a greater degree of certainty under the common law, and often the need to address a contract provision purporting to waive or limit recovery of Consequential damages alto-gether. Contract waivers of Consequential damages add a dimension of complexity because these clauses often do not clearly define what damages are Consequential , and the term is not Understanding and apply-ing the likely implications of these common law elements and contract principles at the time of contracting better enables parties to avoid or shift responsibility for prob-lems down the road.
John H. Dannecker Jason W. Hill Recovering and Avoiding Consequential Damages in the Current Economic Climate By John H. Dannecker, Jason W. Hill, John E. Kofron, and Dale B. Rycraft
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