Steven Nudelman, Chair of the firm’s Construction Contracting & Risk Management Practice Group, will be a panelist for the live webinar “Construction Claims and Exceptions to Limitation of Liability: Bad Faith, Fraud, Recklessness,” to be presented by Strafford on Thursday, July 21, 2022, from 1:00pm – 2:30pm.
A common feature of many construction and design contracts is a limitation of liability clause that limits or "caps" the amount of potential damages a party faces in the event of a breach. Courts will generally enforce limitation of liability clauses but there are at least four common ways to attack their enforceability under common law. The program will explain that a limitation of liability clause is not ironclad and will include a discussion of best practices when bringing a claim that seeks to avoid the limitation of liability due to one of these exceptions.
This webinar with interactive Q&A will seek to address these and other questions:
- When would an act by a construction professional be deemed bad faith?
- What types of intentional torts by a construction stakeholder may be an exception to a limitation of liability?
- What are other potential exceptions to limitation of liability provisions?
Mr. Nudelman is a partner in the firm’s Litigation and Real Estate Departments, concentrating his practice in construction law. He is a Charter Fellow of the Construction Lawyers Society of America and serves as Co-Chair of the New Jersey State Bar Association’s Construction Law Section. For over 25 years, Mr. Nudelman has represented members of the construction industry across a broad spectrum of transactional matters and in construction disputes and litigation in both federal and state courts, as well as in local and international mediations and arbitrations. Additional program details and registration on the Strafford website.