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

Constructlaw

Days later, 360 filed suit for specific performance; breach of contract resulting in at least $1 million in damages, including damage to its reputation with investors; and undue enrichment for the rezoning, approximately $1.5 DonRob counterclaimed for breach of contract. million in Site improvements and other work.

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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. Economic losses flowing from fraud related to such a contract are not recoverable.

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#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.”

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#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). In Mentis Sciences, Inc. 3d 799, 808, 11 N.E.3d

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

Autodesk Construction Cloud

In regards to construction today, the Business Dictionary defines a construction punch list as, “Listing of items requiring immediate attention” and as a “Document listing work that does not conform to contract specifications, usually attached to the certificate of substantial completion. When Are Construction Punch Lists Typically Executed?

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

Autodesk Construction Cloud

In regards to construction today, the Business Dictionary defines a punch list as, “Listing of items requiring immediate attention” and as a “Document listing work that does not conform to contract specifications, usually attached to the certificate of substantial completion. When Are Punch Lists Typically Executed?