Dear YouDig? You Can’t Always Get What You Want

Buckingham, Doolittle & Burroughs, LLC
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Buckingham, Doolittle & Burroughs, LLC

Dear YouDig?,
 
We were just hired to construct part of a stage and sound system for a concert by the management team of a famous rock n’ roll group that is coming to Ohio this summer (we can’t name the band but it sounds like “Bowling Tones”). They gave us a deadline of mid-summer. We were shocked to learn recently that our supplier won’t have many of the electronic materials in time to meet the deadline. Any suggestions?
 
-Shattered
 
Dear Shattered,
 
Use your noodle and figure out a substitution immediately. Work with the band and GET. IT. DONE. When you mess up in this world … fix it. Don’t even finish reading this. GO NOW.
 
For the rest of you, Shattered has to come up with a solution or his name should be changed to “Gimme Shelter.” If the show does not go on or is delayed, his company may indeed be exposed to consequential damages. Being assessed consequential damages is a lot different than simply not being paid. Unless the contract precludes it, the “Bowling Tones” may have the right to collect for lost profits on tickets and merchandise, damage to its reputation, lost time its management spends on dealing with Shattered and other losses. It is worth the effort for Contractors to seek a waiver of consequential damages. Many standard forms include a mutual waiver. Regularly consult with your insurance team and attorneys to make sure your risk prevention platform is maintained and up to date. Also, Shattered’s supplier did him no favors. Make sure your supplier contract (and all subcontracts) allow you to pass along any damages downstream by including the proper indemnity language and, of course, dealing with reputable suppliers. Otherwise, the Bowling Tones will be yelling “Can’t You Hear Me Knockin?” – YouDig?
 
(Looking forward to June 19 at First Energy Stadium)

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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