When Is A Liquidated Damage Clause An Unenforceable Penalty?
A homeowner wanted to develop his West Greenwich Village townhouse and entered into a License Agreement wit...
The Dotted Line: ‘Carrot and stick’ provisions help architects and GCs get along
By Joe Bousquin - Featuring Randy Heller, Gallet Dreyer & Berkey, LLP
Court Dismisses “Total Cost” Delay Damages Based on Bid Estimate
A trial court victory for $9.8 million in additional labor costs was dismissed by the appellate court (alon...
Private Lease On Public Land—Oh, What A Mess
In a recent decision, an appellate court in Manhattan packed a lot of important information about public an...
Think, Before Threatening Not to Perform
This life lesson comes to us from the County of Rensselaer, outside of Albany.
They Are Not Called "Consequential Damages" For Nothing
In order to be recoverable, damages resulting from a breach of contract must have arisen “as a consequence”...
Hearsay Rule Revised. Yes, It’s a Big Deal
Suppose you’re working on a construction project and one of the workers for a plumbing company drops a pipe...