Consequential Damages in Design and Construction Contracts: Mitigating Risks for the Parties
Interaction With Other Contract Provisions, Clearly Defining Damages, Jurisdictional Considerations
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss consequential damages arising from design and construction work and contractual waivers of consequential damages. The panel will take a deeper dive and discuss the pros and cons of such waivers, jurisdictional differences in interpretation, and best practices for drafting the waivers, including potential carveouts.
Outline
- Introduction
- Mutual waiver of consequential damages
- Risks
- Benefits
- Jurisdictional considerations
- Interaction with other provisions
- Provisions to mitigate risks for both parties
- Negotiating and drafting considerations
- Practitioner takeaways
Benefits
The panel will review these and other important considerations:
- What are examples of jurisdictional variations on what constitutes consequential damages? What effect should these have on drafting?
- How may counsel use other provisions in the agreement to mitigate risk for their clients when including a mutual waiver in the contract?
- How can other terms in the agreement impact the mutual waiver provision? And what are best drafting practices to ensure other terms do not contradict or negate the parties' intent?
Faculty
Christina K. Brunka
Counsel
Venable
Ms. Brunka represents entities and individuals in construction-related matters. Her focus is contract development,... | Read More
Ms. Brunka represents entities and individuals in construction-related matters. Her focus is contract development, drafting, and negotiation, and resolving disputes before pursuing litigation or arbitration. Ms. Brunka’s background in architecture and structural engineering trained her to bring a methodical, yet creative and flexible, approach to problem solving. She also has experience with mechanic's liens, drafting and negotiating access agreements, and litigating construction disputes. Ms. Brunka previously worked in-house for a prominent university, focusing on construction law.
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Jason L. Richey
Partner
K&L Gates
Mr. Richey’s practice is concentrated in the areas of dispute resolution with an emphasis on the construction and... | Read More
Mr. Richey’s practice is concentrated in the areas of dispute resolution with an emphasis on the construction and engineering industry, complex commercial disputes, energy disputes, and state and local bid protests. For almost a quarter century, he has focused his energy on winning litigations, arbitrations, and mediations for his clients. During this time, he has worked on local engagements as well as matters in over 35 different states, Asia, Africa, Europe, Australia, and South America representing companies both large and small. The firm has recently engaged Mr. Richey to lead the Construction Practice Group in the Americas.
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Patrick J. Thornton
Member
Lewis Rice
Mr. Thornton practices primarily in the area of construction law. He represents all types of entities in the... | Read More
Mr. Thornton practices primarily in the area of construction law. He represents all types of entities in the construction industry, including owners, contractors, subcontractors, suppliers, design professionals, and others. Mr. Thornton represents clients both large and small—private companies, municipalities, homeowners associations, small businesses, and individuals. His practice includes both transactional and dispute resolution matters. At the beginning stages of the construction process, Mr. Thornton assists in the drafting, negotiation, and review of construction contracts. During construction, he provides ongoing advice as to parties’ rights and responsibilities. When disputes arise, Mr. Thornton prosecutes and defends claims, including claims brought through litigation and arbitration.
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