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CONSTRUCTION CONTRACTS FREQUENTLY CONTAIN A WAIVER OF CONSEQUENTIAL DAMAGES, BUT IS THE WAIVER ENFORCEABLE?

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The AIA prepares standard form agreements that are frequently used by those in the construction industry.  These agreements typically contain a consequential damages waiver.  The most common forms of consequential damages are lost profits and loss of use.  The recovery of these damages are important to those that own and…
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ANOTHER REASON NOT TO DELAY THE FILING OF A CONSTRUCTION DEFECT CLAIM – RECOVERING THE PROFITS

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We have seen an influx of condominium construction defect claims in the Pasadena and Downtown Los Angeles area.  Many of the condominium projects in these areas were built by inexperienced, underfunded, and underinsured builders. These builders tend to distribute profits to their members and dissolve immediately after the condominium projects…
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