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Court Enforces Liquidated Damages Cap and Consequential Damages Waiver in Pass-Through Claim
In Gamma USA, Inc. v. Pavarini McGovern, LLC, the Appellate Division, First Department, addressed the interplay between pass-through claims, liquidating agreements, liquidated damages provisions, and consequential damages waivers in complex construction disputes. The Court held that a subcontractor could not be exposed, through a pass-through claim, to damages that had been contractually waived or limited under the governing project agreement.

Jeffrey Haber
1 day ago9 min read
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