What are the legal remedies for breach of contract claims in construction?
In North Carolina, a breach of contract in construction is when one of the parties fails to fulfill their contractual obligations as agreed upon. Legal remedies for a breach of contract in construction are available to those who believe they have been wrongfully denied payment or services. The most common legal remedy for breach of contract claims in construction is monetary damages. An injured party may be able to recover the difference in value between what they were promised and what they ultimately received. This may include the cost of labor, materials, and other expenses associated with the construction project. In some cases, a party may be able to seek an injunction or order from the court that would forbid the other party from going forward with the project until their obligations are fulfilled. This can prevent the project from being further delayed or completed in a subpar manner. The parties may also pursue an “action for specific performance,” asking the court to order one of them to perform a certain task or services agreed upon in the contract. However, this is a more difficult legal remedy to obtain, as it requires a higher level of proof of breach of contract. Finally, those who are wrongfully denied payment or services may also pursue a legal remedy known as “quantum meruit.” This allows them to receive payment for the fair market value of the services provided, regardless of what was originally agreed upon in the contract. In summary, the legal remedies for breach of contract claims in construction vary depending on the specifics of the situation. The most common are monetary damages, an injunction, specific performance, and quantum meruit.
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