Ask an owner, a contractor and an architect to define "consequential damages" and you'll probably get three different answers. Nearly two centuries after Hadley v. Baxendale, 9 Exch. 341, 156 Eng. Rep ...

The lack of more extended negotiations, however, can result in unintended consequences. Most courts agree that lost profits unrelated to the contract at issue are consequential in nature. 2 Beyond ...

Many construction contracts include a provision that prohibits the parties from recovering “consequential” damages in the event of a breach. Sometimes parties will negotiate and agree to a waiver of ...

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The contractor and owner waive claims against each other for consequential damages arising out of or relating to this contract. This mutual waiver includes: damages incurred by the owner for rental ...