How is damages assessed in a construction dispute?

When a construction dispute arises in West Virginia, damages assessment is an important part of the process. Damages assessment requires evaluating the losses that a party has suffered as a result of the dispute. In most cases, this includes a financial calculation. In some cases, the court may order compensatory damages. This type of damages is awarded to make up for any actual losses that have been incurred due to the dispute. These damages can include the cost of repairs, the cost of any lost wages, and the cost of legal services associated with the dispute. The court may also award punitive damages in certain dispute cases. Punitive damages are intended to punish the wrongdoer and discourage future similar conduct. Punitive damages are often larger than compensatory damages, and they are generally paid by the party that is responsible for the breach of contract. In some cases, the court may also award nominal damages. This type of damages is awarded to recognize the harm that has been done, even though the plaintiff has not incurred any financial losses. Nominal damages are often small amounts, such as a few hundred dollars. Finally, the court may award liquidated damages. This type of damages is often included in a contract as an agreed-upon amount of compensation for any breach of contract. The court will review the liquidated damages clause to make sure that it is reasonable and that it does not amount to a penalty. If the court concludes that the clause is valid, it will enforce it.

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How is damages assessed in a construction dispute?

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