Julia Kagan is a financial/consumer journalist and former senior editor, personal finance, of Investopedia. Ebony Howard is a certified public accountant and a QuickBooks ProAdvisor tax expert. She ...

M&A agreements and other commercial contracts frequently contain a provision that bars the recovery of “consequential damages”—often referred to by courts and practitioners as a consequential damages ...

Consequential damages waivers are included in most contracts, and can expose a company to significant liabilities, or just as easily bar a company from recovering for significant losses. These should ...

The lack of more extended negotiations, however, can result in unintended consequences. Most courts agree that lost profits unrelated to the contract at issue are consequential in nature. 2 Beyond ...

What is a consequential damage? This is the million (sometimes multimillion) dollar question. According to Black’s Law Dictionary, consequential damages are “losses that do not flow directly and ...

There are plenty of terms and provisions in a construction contract which can sound pretty definitive but which can actually prove to be anything but certain. A waiver of consequential damages is one ...

The contractor and owner waive claims against each other for consequential damages arising out of or relating to this contract. This mutual waiver includes: damages incurred by the owner for rental ...

Many sophisticated commercial parties continue to include a boilerplate consequential damages bar in their contracts, often on the assumption that it protects against a multi-million dollar lost ...