Many sophisticated commercial parties continue to include a boilerplate consequential damages bar in their contracts, often on the assumption that it protects against a multi-million dollar lost ...

It’s an alarm clock of a word. It implies that whatever you imagined the stakes were before, they’re even higher than you thought. Every now and then, a particular word suddenly seems to be everywhere ...

There are plenty of terms and provisions in a construction contract which can sound pretty definitive but which can actually prove to be anything but certain. A waiver of consequential damages is one ...

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 ...

M&A agreements and other commercial contracts frequently contain a provision that bars the recovery of “consequential damages”—often referred to by courts and practitioners as a consequential damages ...