"News and Information for Construction Defect and Claims Professionals"
CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - FRIDAY, APRIL 18, 2025
Attorneys Gaetano P. Piccirilli and C. Quincy Conrad discussed the frequently disputed and convoluted classification of damages as direct or consequential in construction disputes.
In Hadley v Baxendale, 9 Ex. 341 [1854], of 1L Contracts lore, the Court of Exchequer set out the dichotomy of direct damages and consequential (or indirect) damages. In the 170 years that have followed, lawyers on both sides of the Atlantic have sought to parse out what are direct damages and what are consequential damages. In the March 20, 2025 installment of the Toolbox Talk Series, Gaetano P. Piccirilli and C. Quincy Conrad discussed this frequently disputed and convoluted classification of damages as direct or consequential in construction disputes.
Gaetano and Quincy noted the traditional explanations of direct and consequential damages almost invariably use those terms without explaining how the differ. For example, direct damages are frequently described as "necessary and usual" flowing from the breach. Consequential damages are described as "naturally, but not necessarily" flowing from the breach. Gaetano and Quincy recommend avoiding the use of whether the damages are "foreseeable."
Mr. Witry may be contacted at bjw@cmcontractors.com
Reprinted courtesy of Brendan J. Witry, Laurie & Brennan LLP
There are several takeaways from the Alaska Supreme Court’s decision for policyholders to consider in navigating pollution exclusions in homeowners and many other insurance policies.
A change order or bilateral modification is construed like a contract.
Mr. Adelstein may be contacted at dma@kirwinnorris.com
Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
The insured's property suffered damage during Hurricane Ian.
Mr. Eyerly may be contacted at te@hawaiilawyer.com
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
The Perez case establishes that the circumstantial evidence approach for product liability claims is alive and well in New York.
Mr. Sara may be contacted at sarag@whiteandwilliams.com
Reprinted courtesy of Gus Sara, White and Williams
In Harrell, the Court considered a case where the Harrells entered into a residential sales contract to purchase property from DeLuca.
Mr. Hill may be contacted at chrisghill@constructionlawva.com
Reprinted courtesy of The Law Office of Christopher G. Hill
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Unusually vicious and damaging weather across multiple U.S. states spawned violent tornadoes, blinding dust storms and fast-moving wildfires.
Reprinted courtesy of Bloomberg
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Jeff and Shanna’s client, driving a commercial vehicle, was headed north when he approached the intersection and observed that the traffic lights were malfunctioning.
Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP
If the work is contractually required and integral to the public works project, contractors may still have an obligation to pay prevailing wages—even if that work takes place off-site.
Ms. Kutsin may be contacted at margarita.kutsin@acslawyers.com
Reprinted courtesy of Margarita Kutsin, Ahlers Cressman & Sleight PLLC
Potential impacts caused by tariffs and immigration enforcement should be evaluated during pricing, contract negotiations, and throughout the construction project.
The case arose out of a residential construction project and the loan associated with the same.
Reprinted courtesy of Lewis Brisbois
The firm is currently ranked among the 15 largest law firms in the U.S., the top 70 firms for diverse attorneys, and the top 10 firms for female attorneys in the Am Law 100.
Reprinted courtesy of Gordon Rees Scully Mansukhani, LLP
AEC Business podcast has been named one of Feedspot’s Top 25 Construction Technology Podcasts to follow in 2025.
Reprinted courtesy of Aarni Heiskanen, AEC Business
California Architectural Registration Board Supplemental Examination Commissioner
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Ms. Zevin may be contacted at zevina@enr.com
Reprinted courtesy of Alisa Zevin, Engineering News-Record
Mr. Eyerly may be contacted at te@hawaiilawyer.com
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
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