Constructlaw

JULY 12, 2022

In the event … specific performance is not available … Purchaser may seek to recover from Seller out-of-pocket expenses incurred in connection with the negotiation and preparation of this Agreement … which shall be capped at … $250,000[.]”

Contract 52

Contract Liability Agreement Georgia 52

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.”

Contractors 40

Contractors Bargains New Hampshire Contract 40

NH Construction Law

FEBRUARY 27, 2021

.” Distinguishing the case before it from other cases where the terminating party had simply made a bidding error, the Court concluded that “Defendants breached the contract by invoking the termination for convenience clause in order to obtain a better bargain.”

Contract 40

Contract Subcontracting Deals Bidding 40

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.

Colorado 52

Colorado Tennessee Claims Contract 52