Measure of Damages

Novel Damage Theory, for Loss of Use Claim, Fails

A developer marketed condominiums for sale. Several units were damaged by a burst water pipe, but the repaired units were eventually sold for the original price. (Insurance covered the cost of repair.) The developer then sued some of the parties invo… Read More
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What are the Contract Damages when Construction Creates No Benefit or Improvement?

From the Iowa Court of Appeal comes an interesting question and decision. If the construction project is not properly performed, and creates no benefit or improvement for the owner, what is the measure of the owner’s damages? The answer: the amount… Read More
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