
In construction disputes, one of the most important issues is whether the party claiming damages can adequately prove its damages at trial. Under Florida law, the burden is on the party seeking damages to prove its damages with a reasonable
A no-damages-for-delay clause can bar contractor claims for additional costs a contractor incurs due to delay on a project. Such clauses can be controversial, and at least one state—Virginia—has enacted a statute limiting the use of no-damages-for-delay clauses on public…
I have written many posts about the enforceability of liquidated damages clauses in construction contracts—a topic that interests many people in the construction industry.
Occasionally, you may see an owner argue that under a liquidated damages provision, the…
When a contractor or subcontractor is terminated for default, the terminating party may seek its damages for completing the defaulted contractor or subcontractor’s scope of work. The cost to complete the work will almost always exceed whatever money was…
There are many important provisions to include in joint-venture agreements between contractors pursuing a project. (For a list of five important provisions to include in joint-venture agreements, click here.) One important thing to address in a joint-venture agreement is…