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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 counterclaimed for breach of contract. Old Peachtree Partners, LLC.

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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.

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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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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.,

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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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#98:  Good Faith Limits on Termination for Convenience

NH Construction Law

In an earlier blog ( #62 ) I discussed the implied covenant of good faith and fair dealing that limits a contracting party’s exercise of the discretion afforded to it by the parties’ contract. The jilted sub sued for breach of contract and breach of the Consumer Protection Act. Ambrose Development, LLC , No.

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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?