How is damages assessed in a construction dispute?

In Washington, damages in a construction dispute are typically assessed by a court. When one party files a claim alleging that they have sustained losses due to the other party’s failure to fulfill contractual obligations or to comply with other legal requirements, the court must determine the amount of damages that should be awarded. To assess the damages, the court will consider various factors, such as the degree of the other party’s responsibility for the losses and the amount of money that would be necessary to restore the claimant to the same financial position that they would have been in had the contractual obligations been fulfilled. In addition, the court may consider the amount of any direct financial losses that the claimant has suffered due to the other party’s noncompliance with the agreement. If the court determines that the other party is indeed responsible for the claimant’s losses, the court can award damages in the form of either compensatory damages or punitive damages. Compensatory damages are intended to make up for the losses that the claimant has suffered, while punitive damages go beyond this and send a message that the court does not tolerate the other party’s unlawful or negligent behavior. Ultimately, the court will assess an amount of damages that it believes is just and equitable to compensate the claimant for the losses that they have suffered. This amount can be negotiated or can be determined through a trial, depending on the circumstances of the case.

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How is damages assessed in a construction dispute?

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