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Breach of Contract › Unenforceable Contract Terms › Contract Disputes

Venable LLP

California Supreme Court Finds Parties Cannot Contract Away Liability for Willful Injury

Venable LLP on

On April 24, 2025, the California Supreme Court held that contract clauses that limit damages for injuries caused by willful tortious conduct are prohibited by Section 1668 of the California Civil Code....more

A&O Shearman

Disputes 101 – What can’t you agree to do in your contract?

A&O Shearman on

Beware of a penalty shoot-out - The rule against penalties is rooted in public policy, aiming to prevent contractual provisions that punish the breaching party rather than protecting the interests of the innocent party. The...more

Cadwalader, Wickersham & Taft LLP

To Pay, or Not to Pay, the Co-op’s Attorneys’ Fees; That is the Question

Cadwalader, Wickersham & Taft LLP on

On January 28, 2025, the New York Appellate Division, First Department refused to enforce a contractual provision that required a tenant-shareholder to pay a co-op’s attorneys’ fees in all lawsuits that the tenant-shareholder...more

Warner Norcross + Judd

Contractors Beware: Licensure Foot-faults Could Make Your Construction Contract Unenforceable

Warner Norcross + Judd on

Under the Michigan Occupational Code, residential building, maintenance and alteration contractors must be licensed to perform certain types of work. The Michigan Supreme Court held in Stokes v. Millen Roofing, 649 N.W.2d 371...more

Rosenberg Martin Greenberg LLP

Sure I Signed The Contract, But…

Rosenberg Martin Greenberg LLP on

It is not unusual for a party to regret signing a contract. The terms “buyer’s remorse” and “seller’s remorse” would not be part of the lexicon if it was. However, with good reason, the law does not allow a party that...more

Buchalter

That’s A Goocher: SD Court Finds Enforceable Construction Contract Despite Lack of Time Component

Buchalter on

What’s a goocher?  If you saw the movie, Stand By Me, then you know exactly what I mean.  And there are times when parties to a construction contract face a goocher. ...more

McAfee & Taft

Liquidated Damages in Purchase and Sale Agreements: Oklahoma

McAfee & Taft on

A buyer and seller of real estate will often include a liquidated damages provision in the purchase and sale agreement as a means for stipulating the amount of damages the seller will receive in the event of a breach of the...more

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