What are the legal remedies for breach of contract claims in construction?
The legal remedies for breach of contract claims in construction law in California may vary depending on the specifics of the contract breach. Generally, the remedies available include money damages, specific performance, rescission, and oftentimes injunctive relief. Money damages are calculated by the court and awarded to one party to make them whole for the breach. This can be in the form of lost profits, the cost of repair, or other remedies that can help restore the party to the financial position they would have been in if the breach had not occurred. Specific performance is a court order that requires one party to perform their obligations under the contract. It is generally used when the breaching party cannot provide monetary damages to restore the other party to the original position they were in prior to the breach. Rescission is a court ordered cancellation of a contract. It is used when one party cannot be made “whole” by monetary damages or specific performance. The parties will be returned to the position they were in prior to entering into the contract. Injunctive relief is a court order that prevents the breaching party from taking any further actions that would result in further damages to the non-breaching party. This is usually used in cases of ongoing breach of contract. Ultimately, the court determines the legal remedies for a breach of contract and the remedies available to each party depend on the facts of the case and the specific language of the contract.
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