When complex construction disputes arise, securing financial recovery is just as critical as proving the other party’s liability. Read the latest posting on AGC’s Reports & Hot Topic Papers page, A Deep Dive into Damages: Show Me the Money!, written by attorney Gregory Chertoff at Peckar & Abramson, that explores the essential principles contractors and construction managers must understand to document and prove entitlement to and quantum of damages effectively. The paper emphasizes the importance of real-time recordkeeping, strategic contract negotiations, and understanding legal burdens of proof. It also highlights key damage categories and examines how courts distinguish between direct and consequential damages.
To successfully recover damages, contractors must not only prove liability but also meticulously document costs, justify claims with credible evidence, and navigate contract clauses like consequential damage waivers and liquidated damages provisions. This paper provides essential insights for construction professionals looking to strengthen their claims and maximize financial recovery. To see AGC’s entire collection of hot topic (substantive research) papers on top business challenges facing today’s construction firms, as presented by leading experts at recent AGC Surety Bonding and Construction Risk Management meetings, visit AGC’s risk management website.