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Damage control, or how to sue your contractor.

Publication: Real Estate Weekly
Publication Date: 27-JUL-05
Format: Online
Delivery: Immediate Online Access

Article Excerpt
Property owners faced with consequential damages stemming from a contractor's breach of contract may believe they have no recourse. However, careful drafting of the contract can protect their interests. First, owners must understand the difference between consequential damages and compensatory damages.

Compensatory damages are those which are most directly related to a contractor's failure to complete a project. For example, compensatory damages include the cost of finishing the project, as well as any repairs of inferior or deficient work by the contractor. Consequential damages are one step removed and include what the owner should have reasonably been able to expect had the contractor lived...

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