NASBP supports SB335, legislation to permit construction contracts to include a mutual waiver of consequential damages

NASBP strongly supports the passage of Kansas SB 335, “Requiring public construction contracts to include a mutual waiver of consequential damages.”

Mutual waiver of consequential damages clauses are pervasive in today’s construction contracts and have been long-time features commonly used in standardized forms published by American Institute of Architects and by ConsensusDocs. These groups have recognized such waiver clauses as essential to construction industry best practices and in the best interests of advancing construction projects, as their presence in construction contracts provides certainty and clarity to each party’s potential liability.