Consequential Damages Provisions in Construction Contracts: Legal Issues (2022) / Chapter Skim
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Pages 13-15
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From page 13... ...
NCHRP LRD 88 13 deciding whether to include a consequential damages carveout, draers should consider whether the contract's indemni cation provision wholly or partially invalidates the potential waiver. If there is a breach of contract where the indemni cation provision allows for a party to recover indirect and direct damages, and the consequential damages waiver excludes the indemni cation provision, then the recovering party may be able to successfully seek indirect damages for claims under the indemni cation provision (including non-third-party claims)
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From page 14... ...
14 NCHRP LRD 88 developer for the construction and operation of the US36 managed roadway lanes: Except as expressly provided in this Contract to the contrary, neither party shall be liable to the other for any punitive, indirect, incidental or consequential damages of any nature, whether arising out of a breach of this Contract, tort (including negligence) or other legal theory of liability.91 is waiver seeks to minimize the risk to the parties of contracting for the potential of unknown and unlimited damages.
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From page 15... ...
NCHRP LRD 88 15 sequential damages at the outset. Smaller, less complex projects may not present the potential for signi cant consequential damages, negating the need to waive them completely.
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