What are consequential damages?
Consequential damages are unforeseeable at the time the contract was entered into and do not flow directly or immediately from the act of the party, but only from some of the consequences or results of such an act. AIA contracts and ConsensusDocs contracts each have their own take on consequential damages and how to deal with the losses attached. There are different advantages and disadvantages from the owner, contractor and designer’s individual perspectives with waiver being the product of court decisions, which awarded owners consequential damages that far exceeded contract value. This video reviews this type of damage and also discusses liquidated damages and how they work.
- Director in the Gibbons P.C. Commercial & Criminal Litigation Department and Construction Team Leader
- Has successfully litigated matters before the state and federal courts of New Jersey and New York, as well as the American Arbitration Association, with a focus on construction matters
- Her experience in commercial litigation and construction litigation is unique in that she represents both plaintiffs and defendants
- Served as co-lead counsel in a three-year-long arbitration representing a major university in a claim involving extensive and complex design and construction defects, which resulted in a multimillion-dollar award in our client’s favor and the arbitrator striking down a limitation of liability clause
- Experience drafting and negotiating contracts, and regularly works with owners, contractors, subcontractors, and designers on contracts for projects involving academic centers, public schools, laboratory facilities, office buildings, energy facilities, public/private projects, and building additions of varying sizes
- On the American Arbitration Association Panel of Construction Arbitrators, a member of the Roster of Mediators, and the New Jersey Superior Court Roster of Mediators, where she has mediated a variety of civil matters
- Can be contacted at [email protected] or 973-596-4481
- Associate in the Gibbons P.C. Commercial & Criminal Litigation Department
- Has assisted in briefing and preparing presentation, slides and materials to a Dispute Resolution Board regarding complex construction delay claims and has experience in drafting arbitration submissions regarding type 1 and type 2 differing site conditions
- She has also assisted with drafting project-specific construction agreements
- Completed a judicial clerkship at the Supreme Court of New Jersey for the Honorable Anne M. Patterson
- Can be contacted at 973-596-4717 or [email protected]
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