Consequential Damages –Waiving Them May be of No Consequence

By Rick Reed
Coats Rose, P.C.

Consequential damages are a serious concern. Consequential damages differ from “direct” or “actual” damages that flow naturally and necessarily from a breach of contract. Examples of direct or actual damages include costs to correct defective work or finish a defaulting contractor’s work.

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Posted in Publications and Alerts

A Day Late and Two Million Dollars Short

(How intermediate delay leads to major consequences.)
By Rick Reed

“Time is of the essence.” Is this just ancient, benign legalese? It means being late, even by a day, is considered a material breach of contract.

The Texas Supreme Court shed light a few years ago on just how critical this phrase can be.

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Posted in Publications and Alerts

Following the Money

By: Rick Reed

Effective September 1, 2007, the enforcement of contingent payment clauses in certain construction contracts will now be governed by statute. Such clauses are often found in agreements between general contractors and subcontractors, and make payment to the subcontractor “contingent” on the general contractor’s receipt of payment by the owner.

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Posted in Publications and Alerts

LIMITATION OF LIABILTY, The Ultimate Survival Strategy

By Rick Reed

As the engineer, architect, contractor, subcontractor, supplier, or other service provider involved in a multi-million dollar project, imagine that you have just learned the project has been destroyed, due to a flaw that might be your fault.

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Posted in Publications and Alerts

Walking the High Wire While Juggling

American Bar Association
Forum on the Construction Industry

Walking the High Wire While Juggling: Strategies to Manage Litigation Costs and Meet Client Expectations

Richard L. Reed, Esq.
Coats, Rose, Yale, Ryman & Lee, P.C.

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Posted in Publications and Alerts

The Ulitmate Survival Strategy: The Limitation Of Liability Clause

13th Annual Construction Law Conference
February 17 & 18, 2000
Houston, Texas

Richard L. Reed
Coats Rose, P.C.
1020 NE Loop 410
Suite 800
San Antonio, Texas 78209

By Richard L.

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Posted in Publications and Alerts

Rolling The Dice Without Putting It All On The Line

By: Rick Reed

Contractors face enormous liability exposure when bidding to perform construction work and related services in our highly industrialized and litigious society. Today, it seems we don’t even blink an eye when we hear of damage awards in the $10 to $25 million dollar range.

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Posted in Publications and Alerts Tagged with: , ,


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