How is damages assessed in a construction dispute?
In a construction dispute in Texas, damages are assessed in order to compensate any party who has suffered losses due to a breach of contract or other forms of negligence. Damages are usually measured by the amount of money necessary to put the injured party back in the same financial position they would have been in had the breach not occurred. The amount of damages awarded depends on the type of damage suffered. For example, if a contractor fails to complete the work to the agreed upon standards, then the owner may be entitled to the difference in the market value of the project before and after the breach. In other words, the owner would be compensated for the difference in the value of the incomplete project versus what it would have been worth had it been completed as promised. In addition to the difference in market value, the court may also award damages for any additional expense required to complete the project as well as any additional costs related to delays caused by the breach. These could include the cost of additional materials, labor, and time, as well as any other losses that may have been incurred. The court will also consider the extent of the breach and the degree of fault involved in determining the amount of damages. For instance, if the breach of contract was due to negligence, then the defendant may be held responsible for the full amount of the damages. On the other hand, if the breach was due to a breach of contract by both parties, then the court may reduce the amount of damages awarded to each party.
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