Atlantic City Associates, LLC v. Carter & Burgess Consultants, Inc.

OPINION

BARRY, Circuit Judge.

Atlantic City Associates (“ACA”) hired Carter & Burgess Consultants, Inc. (“C & B”) to oversee construction of a development in Atlantic City, New Jersey. Following numerous delays, ACA sued C & B and obtained a total recovery, including attorneys’ fees, costs and interest, of nearly $13 million. In this appeal, C & B argues that the District Court (1) failed to apply several clauses in the parties’ agreements prohibiting ACA from recovering consequential damages, and (2) failed to enforce an additional clause limiting C & B’s total liability to its compensation.…