Specifications include, but are not limited to: The objective of this research is to produce a legal research digest that will provide trends among major transportation construction contracts as they relate to consequential damages, and create an elemental framework for inclusion in construction contracts. At a minimum, the research should also address the following topics: Various approaches to consequential damages used in major transportation contracts; State restrictions on consequential damages and the impact of those restrictions on potential recoveries; Contractual language for consequential damage provisions that may limit and/or waive potential damages or theories of recovery; Whether DOTs are implementing consequential damages in the absence of state restriction; Trends among major transportation construction contracts; and Elemental framework for future contracts. The final digest should include: A summary of consequential damage provisions; Relevant statutes; Contract provisions; A discussion on whether limitations are based on a percentage of the contract value, a lump sum or other measure; Whether the recovery varies with project duration or delay; Whether there are caps associated with the maximum recovery amount; Whether caps are used at all or in a particular combination; How consequential damages are framed in construction contracts; How wording for these contractual provisions may influence recovery options; and Additional considerations when including clauses in a construction contract to limit risk to the public entity or allocate risks among the parties. This study may include other modes of transportation in addition to highways.
