Remove Bargains Remove Claims Remove Construction Remove Liability
article thumbnail

GA Court of Appeals Enforces Contract Clause, Excluding Liability for Incidental Damages Where Specific Performance Is Ordered

Constructlaw

Under the Agreement, 360 was to apply to rezone the Site, to collaborate with DonRob on site and joint development plans, and to design and construct an access road, including the associated drainage and retainage, utilities, access points, and sidewalks. DonRob planned to develop the other two sections into townhomes and commercial units.

article thumbnail

Fraud as an Exception to the Economic Loss Doctrine: Changing Trends in Colorado and Tennessee

Constructlaw

Most frequently, the Economic Loss Doctrine bars negligence claims. Its outer bounds begin with intentional torts, and most jurisdictions do not apply the Economic Loss Doctrine to fraud claims. Dream Finders Homes claimed that Weyerhaeuser misrepresented the nature of the joists and claimed remediation costs and legal expenses.

professionals

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

#125:  Pay-if-Paid Clauses and Contractor Default

NH Construction Law

The Court relied on the general rule of contract law that “Where a promisor ‘prevents or hinders’ fulfillment of a condition which otherwise would have been fulfilled, ‘performance of the condition is excused’ and the promisor’s liability is ‘fixed’ regardless of the condition’s non-fulfillment.”

article thumbnail

What Is a Construction Punch List (And How to Improve)

Autodesk Construction Cloud

6 Easy Ways to Improve Construction Punch Lists At some point, no matter how much of a joy (or hell) it’s been, every project must come to an end. But as most steps in construction, it’s easier said than done. What Is a Construction Punch List? The construction punch list, also known as a snag list in the U.K.,

article thumbnail

What Is a Construction Punch List (And How to Improve)

Autodesk Construction Cloud

When they do, it’s not enough to simply watch it fade away through the rearview mirror; you have to make sure all the i’s have been dotted and the t’s have been crossed—and that means a construction punch list. But as most steps in construction, it’s easier said than done. What Is a Construction Punch List?

article thumbnail

#92:  Lost Profits and Waivers of Consequential Damages

NH Construction Law

In the law of contracts, damages suffered by the nonbreaching party may be either “direct” (loss of the benefit of the bargain, measured by the cost of remedying the deficient performance) or “consequential” (other reasonably foreseeable harm caused by the breach).

article thumbnail

WILG president talks workplace injuries

Safety Services Company

This article was written by Safety Consultants with Safety Services Company , we provide Construction, Manufacturing, and General Industry Safety Programs to over 100,000 clients across the United States and Canada. WILG president talks workplace injuries. Why are people reluctant to report workplace injuries?

Injury 49