News & Analysis as of

Limitation of Liability Clause Breach of Contract Summary Judgment

Freiberger Haber LLP

Consequential Damages: Are They Foreseeable?

Freiberger Haber LLP on

In BLDG 44 Developers LLC v. Pace Companies N.Y., LLC, 2025 N.Y. Slip Op 32881(U) (Sup. Ct., N.Y. County July 25, 2025) (here), BLDG 44 Developers LLC sued Pace Companies New York, LLC for breach of contract, seeking...more

Bradley Arant Boult Cummings LLP

$800M Dispute Over Pumped Storage Hydro Project Heads to Trial

A federal judge in Michigan last week rejected a contractor’s efforts to avoid a jury trial this fall in its dispute with the owner of the Ludington Pumped Storage Hydro plant. The case involves a project to overhaul the...more

Snell & Wilmer

Exceptions to the Enforceability of Limitation of Liability Clauses

Snell & Wilmer on

A common feature of some contracts, including construction and design contracts, is a limitation of liability clause that limits or "caps" the amount of potential damages a party faces in the event of a breach. Although...more

Troutman Pepper Locke

Montana Supreme Court Holds That A Waiver Of Consequential Damages And A Partial Limitation Of Liability In A Design Contract Are...

Troutman Pepper Locke on

Zirkelbach Constr., Inc. v. DOWL, LLC, 2017 Mont. Lexis 591 (Mont., Sept. 26, 2017) - In interpreting a state statute which makes contractual limitations on a party’s liability unenforceable in certain instances, the...more

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