Exclusions of liability under subcontracts

Guest Editor James Doe of Herbert Smith says the legal position is unclear relating to whether liquidated damages are direct or consequential loss. When drafting clauses, he urges identifying losses that should, or should not, remain recoverable from the subcontractor in a ‘carve-out’.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.