No where in law it is said that the owner cannot recover consequential damages. But if the owner claims and the contractor disagrees there will be an inevitable dispute. If there is a dispute and the owner chooses to go to court it is extremely difficult to prove and recover consequential damages. So it is wise to avoid disputes.
2 nd problem-if AIA mutual waiver is practical for owner
The plaintiff always attempt to prove consequential damage as direct damages to expedite recovery The contractor’s attempt is to describe the damages in consequential and waive it upfront while signing the contract