Construction Contract Terminations; Damages in Construction Litigation; and Clauses that Limit Liability in Construction Contracts

Session 1: All Good Things Must Come to an End: Legal Issues in Construction Contract Terminations - When can an owner terminate a contract for mere convenience? What does it take to justify termination "for cause"? Under what conditions can a termination be converted from "for cause" to "for convenience"? And, what are the implications of the distinction? A discussion of these questions and more involving construction contract terminations.

Session 2: Damages in Construction Litigation: Current Issues and Case Law - This session covers damages recoverable by both contractors and owners related to construction projects. With respect to contractors, an overview is presented regarding damages for delay claims, lost profits, increased overhead, quantum meruit and wrongful termination by owner. Regarding owners, this session covers damages for unexcused delays, cost to complete after termination or abandonment, loss of use, lost profits, and damages for construction defects, including cost of repair versus diminished value.

Session 3: What Do You Mean I'm Not Entitled to Recover My Damage? The Ramifications of Clauses that Limit Liability in Construction Contracts - This session analyzes the ramifications of clauses that limit liability in construction contracts, including clauses covering Liquidated Damages, No Damages for Delay, and Waiver of Consequential Damages.

This course includes 3 papers and 3 slideshow presentations.

Includes: Audio Paper Slides