I am pleased to announce that an article I co-authored with Professor Darren Prum of Regis University has been published as the lead feature article in Volume 23, Issue 2 of the Loyola Consumer Law Review. The pinpoint citation is 23 Loy. Consumer L. Rev. 113 (2010).
Green Building Contracts: Considering the Roles of Consequential Damages & Limitation of Liability Provisions begins by tracing the development of the legal concept of consequential damages at common law through modern decisions applying those concepts to construction disputes. It proceeds to analyze the competing concerns of construction project participants when negotiating consequential damages and limitation of liability provisions, underscoring those that are particularly salient for green building projects. The article then considers those concerns in the context of pertinent provisions in various AIA, EJCDC, ConsensusDOCS, and Design-Build Institute of America form documents. It concludes by providing a set of recommendations for owners, design professionals, contractors, and consultants to consider when negotiating similar provisions, most of which are relevant for any type of construction project whether green or not.
A copy of the article is available for download here; Professor Prum and I look forward to any feedback in the comments below.