Remove Bargains Remove Commercial Remove Liability Remove Negotiation
article thumbnail

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

Constructlaw

DonRob planned to develop the other two sections into townhomes and commercial units. In the event … specific performance is not available … Purchaser may seek to recover from Seller out-of-pocket expenses incurred in connection with the negotiation and preparation of this Agreement … which shall be capped at … $250,000[.]”

article thumbnail

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

Constructlaw

But two recent state-court decisions evidence a change in that trend: Both held that the Economic Loss Doctrine bars fraud claims because parties to a commercial contract — often sophisticated and represented by counsel — allocate risk, prescribe damages, and rely on the terms of the bargain. Commercial Painting Co.

article thumbnail

#98:  Good Faith Limits on Termination for Convenience

NH Construction Law

Such a provision was part of a commercial painting subcontract in Hate to Paint, LLC v. ” Summary judgment was entered for the painting subcontractor on liability, leaving for another day the issue of damages. Ambrose Development, LLC , No. 218-2020-CV-0585 (Rockingham County, February 26, 2021).