Many construction contracts include a provision that prohibits the parties from recovering “consequential” damages in the event of a breach. Sometimes parties will negotiate and agree to a waiver of ...

Ask an owner, a contractor and an architect to define "consequential damages" and you'll probably get three different answers. Nearly two centuries after Hadley v. Baxendale, 9 Exch. 341, 156 Eng. Rep ...

Circuit Split Over Thryv Remedies. On October 20, 2025, the U.S. Court of Appeals for the Ninth Circuit generally upheld expanded make-whole ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

Ethan Leib, Professor at Fordham Law School, argues that that New York courts mistakenly apply the tort concept of “proximate cause” to contract law and calls upon the New York Court of Appeals to ...