Waiving Consequential Damages in a Construction Contract Goodbye November 8, 2018 D. Anderson Carmen Construction and Design Law Sixth in a series of articles addressing key provisions in construction contracts One may wonder why parties in construction contracts would agree in advance to waive their rights to consequential damages. Such waivers are fairly commonplace in today’s competitive construction market and often stand to benefit both parties.
Beware of the Unknown: Concealed or Unknown Conditions Clauses in Construction Contracts May 22, 2018 D. Anderson Carmen Construction and Design Law Fourth in a series of articles addressing key provisions in construction contracts In construction contracts, good contract drafting principles encompass not only the expectations of the parties, but also the appropriate management and allocation of risks. Some of those risks arise from possibilities and conditions that are simply not known at the time the contract is drafted. Clauses addressing concealed or unknown conditions — also referred to as differing site conditions — reflect both of these principles.
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