Steven Hoffman, Esq. | Florida Construction Law News Ask most Florida Construction Law practitioners, and you will likely hear that liability may not be apportioned in “pure” breach of contract cases via the Comparative Fault Act, section 768.81, Florida Statutes (the “Act”). If a material breach is a “substantial factor” in causing damages, the breaching… Continue reading Comparative Breach of Contract – The New Benefit of the Bargain in Construction?
Tag: Breach of Contract
Judgment for Breach of Contract Reversed as Trial Court Should Have Granted Leave to Amend Complaint For Bad Faith
Michael Velladao | Lewis Brisbois In Eghtesad v. State Farm Gen. Ins. Co., 51 Cal.App.5th 406 (June 29, 2020), the California Court of Appeal reversed the trial court’s entry of judgment in favor of State Farm General Insurance Company (“State Farm”) based on an order sustaining a demurrer without leave to amend regarding a complaint filed… Continue reading Judgment for Breach of Contract Reversed as Trial Court Should Have Granted Leave to Amend Complaint For Bad Faith
Delay Days for Liquidated Damages May Be Apportioned Where Permitted by Contract
Geoff F. Palachuk | Lane Powell Overlapping delays partly caused by a contractor and partly by an owner — known as concurrent delays — typically nullify the assessment of liquidated damages in a breach of contract dispute. But a contractor generally will be held liable for liquidated damages if the contractor cannot establish proof of… Continue reading Delay Days for Liquidated Damages May Be Apportioned Where Permitted by Contract
Washington Appellate Court Reaffirms Rule That Contractors’ Defense of Deficient Plans or Specifications Must be the Sole Cause of the Breach in Order to Shield Contractors From Liability
Geoff F. Palachuk | Lane Powell A contractor sued for breach of contract for construction defects will often assert an affirmative defense that the owner supplied deficient plans or specifications. Because that defense operates to completely shield the contractor from liability for alleged defects, Division One of the Washington Court of Appeals has reaffirmed the… Continue reading Washington Appellate Court Reaffirms Rule That Contractors’ Defense of Deficient Plans or Specifications Must be the Sole Cause of the Breach in Order to Shield Contractors From Liability
How to Spread Out Risks for a Win-Win Construction Contract
Daniel Lund III | Phelps Construction contracts should be written “for breach” – hoping for the best but expecting that trouble may beset the project. In the same vein, it is vital to allocate risk through careful contract drafting on the front end. What terms can be used in construction contracts to shift (or, in… Continue reading How to Spread Out Risks for a Win-Win Construction Contract