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Damages › Construction Disputes › Contractors

Miles Mediation & Arbitration

Multi-Party Construction Mediations and How to Address Them

Miles Mediation & Arbitration on

Multiparty construction mediations are often complicated due to the number of liability, causation, and damages issues. Whether the mediation occurs prior to litigation or after litigation is initiated, there are several...more

Bradley Arant Boult Cummings LLP

Damages in Construction Claims: Are “Actual Costs” Actually Required?

Bradley Arant Boult Cummings LLP on

The golden standard for the measure of damages in a construction case alleging defective or incomplete work are the actual costs of completion or repair. That is to say, if there is a breach (or multiple breaches) of quality...more

Troutman Pepper Locke

Does a No-Damage-for-Delay Clause Also Preclude Acceleration Damages?

Troutman Pepper Locke on

Construction contracts often include a “no damage for delay” clause that denies a contractor the right to recover delay-related costs and limits the contractor’s remedy to an extension of time for noncontractor-caused delays...more

Kilpatrick

Choosing a Damages Methodology for Certain Construction Claims

Kilpatrick on

In any construction dispute resolution process, not only does a claimant have to prove liability of the other party, but the claimant must also prove damages to prevail on its claim. The proof of damages element to...more

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