A Mutual Waiver of Damages Clause is a provision that addresses specific types of damages claims and limitations of liability of those particular claims for both parties involved in a contract. It is recommended that the builder always include a waiver for actual damages in their contract. The risk of being "on the hook" for what could be a tremendous business loss is too much. Most contractors will decline a project if the owner refuses to waive its rights to recover consequential damages. In contrast liquidated damages are a contract provision that are often agreed to upfront and included in the owner contractor agreement

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