This four-part series has explored some of the ways in which parties to real estate transactions attempt to control what will happen if one party breaches its obligations.  The first three articles discussed ways parties can provide for or anticipate certain “bespoke” remedies:  liquidated damages, specific performance, and notice of pendency.  The most common remedy, however, is actual damages: a monetary award compensating the non-breaching party for the financial consequences of the breach.

Parties also often wish to contractually limit actual damages, especially if a transaction involves a long-term business relationship. This article will discuss two types of provisions designed to do exactly that: waivers of consequential damages, and waivers of the right to seek money damages altogether.

Waivers of Consequential Damages

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]