Limiting consequential damages is something every contractor wants to see in their construction contracts.
A party can only recover consequential damages that may have reasonably been in the contemplation of both parties at the time they contracted as a probable result of the breach. Parties to construction contracts often seek to limit consequential damages by entering into mutual complete or limited waivers of consequential damages. These provisions are routinely enforced by courts. This video reviews items to consider including in your construction contract including waiver of subrogation, payment and progress schedules, and insurance and bonding.
Brandon G. Hummel
Hummel Law Group
- Founder and owner of Hummel Law Group and focuses his practice in commercial litigation, con-struction law, insurance coverage litigation and counseling (for policyholders), real estate law, and land use law
- Experienced litigator representing all parties on construction projects with respect to enforcement and defense of mechanics lien and bond claims, enforcement and defense of construction defect and delay claims, assertion and defense of breach of contract claims, and resolution of insurance coverage disputes
- Peer selected as a Leading Lawyer in commercial litigation, construction law, and real estate law by Law Bulletin Publishing in 2019 and 2018 and an Emerging Lawyer by Law Bulletin in the same disciplines in 2015, 2016, and 2017
- 2017-2019 Lorman Platinum Distinguished Faculty Member
- J.D. degree, Northwestern University School of Law; B.A. degree, The Johns Hopkins University
- Can be contacted at 312-599-2806 or [email protected]
Mark B. Grzymala
Grzymala Law Offices, P.C.
- Principal of Grzymala Law Offices, P.C. and focuses his practice in commercial litigation and construction law
- Represents a variety of clients from the small business owner to Fortune 500 companies
- Experienced litigator representing all players on a construction project with respect to mechanics lien foreclosures, bond claim enforcement, construction defects and delays, breach of contract, and consumer fraud
- Named as a Rising Star by Super Lawyers magazine in 2016, and as a Super Lawyer in construction litigation for 2017, 2018, 2019 and 2020
- Frequent speaker on construction law issues and author of several articles on contractor rights
- Member of the ABA Construction Law Forum and Charter Fellow of the Construction Lawyers Society of America
- J.D. degree, Chicago-Kent College of Law; B.A. degree, University of Illinois at Urbana-Champaign
- Can be reached at 847-920-7286 or grzymalalaw.com
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