Since the work was two thirds complete at the time of termination, your thought is to take two thirds of the entire contract amount, subtract out payments received to date, and present this figure as your recoverable damages. Is this approach, which is known as the percentage of completion method, the correct one? CONTINUE READING...
Category Archives: Damages
AUTHOR: James P. Terpening III
POSTED: March 27, 2017
TAGS: breach of contract, construction, construction contract, contractor, damages, labor, lost profits, materials, owner, percentage of completion, quantum meruit, reasonable cost, reasonable value, services, subcontractor
AUTHOR: Construction Law Blog
POSTED: January 04, 2017
TAGS: architect, betterment, claims, costs, damages, defective construction, designer, engineer, expert testimony, exposure, first cost, improvement, liability, means and methods, negligent design, repairs
If you are a designer or contractor who’s been accused of negligent design or construction, you will want to analyze the owner’s claimed damages to see if they might be reduced by the amount of the first costs or betterment. CONTINUE READING...
- Attorneys' fees
- Design Professionals
- Designer Liability
- Expert Science
- Forum Selection
- General Liability
- Offers of Judgment
- Prevailing Party
- Statute of limitations
- Statute of repose
- Unlicensed Contracting
- Unlicensed Contractor – Who Me?
- Forum Selection Clause v. Miller Act Venue Provision: Where to Litigate?
- Forum Selection Clauses – Mandatory v. Permissive
- First Cost and Betterment – Two Types of Defenses against Claims for Construction Damages
- Does the catalyst theory for recovery of attorneys’ fees apply to settlement agreements? (Does it apply, at all?)