When Is A Liquidated Damage Clause An Unenforceable Penalty?
A homeowner wanted to develop his West Greenwich Village townhouse and entered into a License Agreeme...
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...
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 pub...
Think, Before Threatening Not to Perform
This life lesson comes to us from the County of Rensselaer, outside of Albany. On a project to constr...
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 conseq...
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 ...