National Academies Press: OpenBook

Consequential Damages Provisions in Construction Contracts: Legal Issues (2022)

Chapter: NATIONAL COOPERATIVE HIGHWAY RESEARCH PROGRAM

« Previous: ACKNOWLEDGMENTS
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Suggested Citation:"NATIONAL COOPERATIVE HIGHWAY RESEARCH PROGRAM." National Research Council. 2022. Consequential Damages Provisions in Construction Contracts: Legal Issues. Washington, DC: The National Academies Press. doi: 10.17226/26828.
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Page 31
Page 32
Suggested Citation:"NATIONAL COOPERATIVE HIGHWAY RESEARCH PROGRAM." National Research Council. 2022. Consequential Damages Provisions in Construction Contracts: Legal Issues. Washington, DC: The National Academies Press. doi: 10.17226/26828.
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Page 32

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ACKNOWLEDGMENTS is study was performed under the overall guidance of the NCHRP Project Committee SP 20-06. e Committee is chaired by MICHAEL E. TARDIF, Friemund, Jackson and Tardif, LLC. Members are JAMES R. “JIM” BAILEY, Texas DOT; CARMEN D. TUCKER BAKARICH, Kansas DOT; RICHARD A. CHRISTOPHER, HDR Engineering; JOANN GEORGALLIS, California Department of Transportation; MARCELLE SATTIEWHITE JONES, Stantec Consulting Services, Inc.; RODNEY M. LOVE, Mississippi DOT; SID SCOTT, III, HKA-Global; FRANCINE T. STEELMAN, Florida Department of Transportation. MICHELLE S. ANDOTRA provided liaison with the Federal Highway Administration, ROBERT J. SHEA provided liaison with TRB’s Technical Activities Division, and GWEN CHISHOLM SMITH represents the NCHRP sta. NATIONAL COOPERATIVE HIGHWAY RESEARCH PROGRAM Systematic, well-designed, and implementable research is the most eective way to solve many problems facing state depart- ments of transportation (DOTs) administrators and engineers. Oen, highway problems are of local or regional interest and can best be studied by state DOTs individually or in cooperation with their state universities and others. However, the accelerating growth of highway transportation results in increasingly complex problems of wide interest to highway authorities. ese prob- lems are best studied through a coordinated program of cooperative research. Recognizing this need, the leadership of the American Association of State Highway and Transportation Ocials (AASHTO) in 1962 initiated an objective national highway research program using modern scientic techniques—the National Coopera- tive Highway Research Program (NCHRP). NCHRP is supported on a continuing basis by funds from participating member states of AASHTO and receives the full cooperation and support of the Federal Highway Administration (FHWA), United States Department of Transportation, under Agreement No. 693JJ31950003.

Transportation Research Board 500 Fifth Street, NW Washington, DC 20001 Subscriber Categories: Highways • Law • Administration and Management These digests are issued in order to increase awareness of research results emanating from projects in the Cooperative Research Programs (CRP). Persons wanting to pursue the project subject matter in greater depth should contact the CRP Staff, Transportation Research Board of the National Academies of Sciences, Engineering, and Medicine, 500 Fifth Street, NW, Washington, DC 20001.

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Public entities negotiating transportation construction contracts must strike the right balance between protecting the public from risk and affording counterparties the flexibility necessary to complete projects. The public nature and cost of transportation construction projects creates a risk of large consequential damages awards, leading to a proliferation of different contractual clauses and strategies to mitigate this risk.

The TRB National Cooperative Highway Research Program's NCHRP Legal Research Digest 88: Consequential Damages Provisions in Construction Contracts: Legal Issues explores the issues associated with consequential damages provisions in construction contracts, and it provides guidance to those drafting such contracts.

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