What are the legal remedies for breach of contract claims in construction?
In Washington, when one party commits a breach of contract in a construction project, the other party has certain legal remedies. These remedies are put in place to protect the non-breaching party from losses and damages caused by the breach of contract. The most common remedy for breach of contract claims in construction is known as “expectation damages.” Expectation damages compensate the non-breaching party for the losses and damages they suffered due to the breach. The non-breaching party must show that they experienced a measurable loss or damage as a result of the breach of contract. If they are able to prove this, they are entitled to receive the sum of money that would have been due to them had the breaching party not failed to perform the contract. In some instances, the non-breaching party may be able to receive “specific performance.” This is when a court orders the breaching party to fulfill their contractual obligations. This may be a viable option in certain construction-related cases where the performance of the contract is more valuable than the monetary damages that would otherwise be due. The non-breaching party may also be entitled to “liquidated damages.” This is a predetermined sum of money that the parties agree upon in their contract. If a party breaches the contract, the non-breaching party may be able to collect the agreed upon amount of liquidated damages. Lastly, the non-breaching party may pursue “attorney fees.” This allows the non-breaching party to recover the costs of hiring an attorney to represent them in the case. This remedy may be available even if the non-breaching party wins or loses the case. Ultimately, the legal remedies for breach of contract claims in construction depend on the specific facts of the case. Knowing which remedies are applicable can help ensure that the non-breaching party receives the compensation they deserve.
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