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Waiver of Consequential Damages Contract Clause Didn’t Protect Designer Against Lawsuit for Costs of Repairing Structural Design Defects

by Kent Holland | Dec 16, 2025 | Current Issue:, Newsletter Article

When a property owner brought a breach-of-contract action against the architectural firm it hired to serve as architect of record for a project involving design and construction of six-story hospital, it sought to recover costs of repairing multiple structural design...

Mutual Waiver of Consequential Damages Clause was not Applicable to Damages Court Found Were Cause Directly by Design Professionals Deficient Plans

by Kent Holland | Nov 13, 2025 | Newsletter Article

An architect (HKS Architects) was sued by its client (Orlando Health, Inc,) for negligent breach of contract – alleging serious design defects required immediate repairs.  HKS filed a third-party complaint against its engineer subcontractor (BBM) alleging that the Sub...

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