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Construction Contracts Calculation of Damages

Clark Hill PLC

Direct vs. Consequential: Why precise contract language matters

Clark Hill PLC on

When entering into a construction contract, it is important to understand and account for the differences between direct damages and consequential damages, as these differences can determine what damages may be recoverable....more

BCLP

Assessment of damages for breach of contract: costs of cure vs difference in value

BCLP on

The most common remedy for breach of contract is the award of damages. The usual aim of the court is to place, as far as possible, the innocent party in the position it would have been in had the breaching party performed...more

Eversheds Sutherland (US) LLP

Georgia Court of Appeals upholds arbitration award applying Cardinal Change Theory

In Gainesville Mechanical, Inc. v. Air Data, Inc., --- S.E.2d ---- (June 19, 2019), the Georgia Court of Appeals affirmed an arbitration award of modified total cost damages under a theory of cardinal change. Subcontractor...more

White & Case LLP

Liquidated Damages for Post-Termination Delay?

White & Case LLP on

The High Court of England & Wales considered, in respect of the delayed completion of a solar project, the appropriate end date for liquidated damages under a terminated construction contract....more

Bradley Arant Boult Cummings LLP

Contractor Barred from Using the “Total Cost” or “Modified Total Cost” Approach to Establish Delay Claim

In a recent ruling, Hill York Service Corporation v. Critchfield Mechanical, Inc., the U.S. District Court for the Southern District of Florida held that a contractor may not establish damages for delay under either the...more

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