Mutual Waiver of Consequential Damages Clause was not Applicable to Damages Court Found Were Cause Directly by Design Professionals Deficient Plans
Source: https://www.constructionrisk.com/, November 13, 2025
By: Kent Holland
An architect (HKS Architects) was sued by its client (Orlando Health, Inc,) for negligent breach of contract – alleging serious design defects required immediate repairs. HKS filed a third-party complaint against its engineer subcontractor (BBM) alleging that the Sub was the responsible party because it committed the structural design errors. Both HKS and NNM moved for summary judgment against the hospital, arguing that the damages sought were “consequential damages”, which had been waived by contract. The court denied the motion, finding that at least some of the damages sought by the hospital “flowed directly and necessarily from HKS’s breach of contract….” Orlando Health, Inc. v HKS Architects, Inc. 2025 WL 1919349, (Florida 2025). Read more.
