I have read that punitive and "nominal" damages are not actual damages. However, my understanding is that the term "actual damages" DOES include consequential damages, because consequential damages are real, and actual damages include everything that is real.
Workers' Compensation Lawyer
Consequential damages are real. Punitives are real also and are governed by Statute. In contract claims you most likely are not entitled to consequential damages, no matter how real they are.
The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices. Bstein@dcfsz.com, 305 377 1505