Resource Highlight: MCAA’s Understanding and Managing Risks Associated with Consequential Damages

January 26, 2024

It is critically important for contractors to address consequential damages when planning a project. Failure to do so will place the contractor at substantial risk should equipment fail or an incident occurs that causes a significant delay or the project to fail. MCAA’s Understanding and Managing Risks Associated with Consequential Damages helps contractors avoid or manage the risks that arise when an unexpected disruption in a project result in a substantial financial impact. It’s just one of MCAA’s educational resources that are free to MCAA members as a benefit of membership.

The bulletin explores:

  • Questions to ask yourself
  • Types of damages, including both direct and consequential damages
  • Waivers in contracts, with examples of preferred, one-sided, and simple mutual consequential damages waivers
  • Consequential damages provisions with exceptions
  • What to do if you can’t get a consequential damages waiver
  • State judicial enforcement of consequential damages provisions

For a full list of available Management Methods Bulletins, including several on the topic of marketing, visit the Management Methods Bulletins page.

Have Questions or Need Personal Assistance?

Contact MCAA’s Frank Wall.

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