Constructlaw
JULY 12, 2022
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.
NH Construction Law
MAY 20, 2023
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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Constructlaw
JUNE 17, 2022
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.
NH Construction Law
AUGUST 13, 2020
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
NH Construction Law
FEBRUARY 27, 2021
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.
Autodesk Construction Cloud
JUNE 20, 2023
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.
Autodesk Construction Cloud
NOVEMBER 7, 2022
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.
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