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

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

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