residential construction contract progress payments Consumer Sales Practices Act treble damages hearsay general contractor estimates attorney fees knowing violation mathematical error
Directed verdict; jury interrogatories consistent with general verdict; punitive damages for breach of contract; punitive damages for connected, but independent tort.
... claim may recover benefit of the bargain damages to put it in the position it would have enjoyed ha...The claimed lost profits can be general damages (the profits the party would have made in ...
National and Liberty Mutual appeal the trial court's judgment that USF&G had no duty to defend or indemnify under the commercial general liability policy for damages to screw pumps provided by National as part of a multi-million dollar contract with Lake County. Judgment is affirmed in part and reversed in part. The complaint contains allegations showing a "possibility" of an occurrence under USF&G's policy. Therefore, USF&G had a duty to defend. Attorney's fees are appropriate for USF&G's breach of that duty. However, the exclusions contained in the policy apply to bar the claims from actual coverage. Therefore, USF&G has no duty to indemnify.
.... "Sun Tzu" (Chinese general and author) - circa 400 B.C . It is vital for a mi... Courts, because they are merely private contracts it can be difficult to rely on them in dealings wi... of the UAE Courts is to award financial damages after the loss making event. . In general terms, t...
... courts, in which "plaintiffs are generally seeking awards of unspecified economic, compensato..., a BP program that enlisted local contractors to assist in the containment and cleanup of the oi...
... in the Court of Federal Claims, seeking damages for, inter alia, breach of contract. In granting e..."sovereign act" defense-that a "public and general" sovereign act, such as FIRREA's alteration of cap...
Design professionals, contractors and other service providers in the construction industry are increasingly seeking disclaimers of damages and limits of liability in their contracts with upstream parties in the chain of contracting. Owners are not the only ones who should be sensitive to these clauses. Prime architects and general contractors also are being asked by lower-tier parties to accept some of the risk of failure. Following is a summary of the most popular limitations and disclaimers that often escape the upstream parties' attention or priority list. As with any contract clause, the enforceability of the clause and its scope of excluded damages will vary with the language used.
... ACA from recovering consequential damages, and (2) failed to enforce an additional clause li..., strict liability, breach of contract, misrepresentation or breach of warranty of [C&B] ... insurance coverage for comprehensive general liability, automotive liability and workers...
... to consider the nature of an employment contract and addressed the rights and obligations it encomp...Although the general principle that punitive damages are not awarded fo...
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