#92: Lost Profits and Waivers of Consequential Damages
NH Construction Law
AUGUST 13, 2020
But many commercial construction contracts provide for mutual waivers of consequential damages in the event of a breach. Normally both types of damages, if adequately proven, are recoverable in a lawsuit by the nonbreaching party. Typical is the AIA’s A201 General Conditions (2017) § 15.1.7:
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