What are the legal remedies for breach of contract claims in construction?
In West Virginia, legal remedies for breach of contract claims in construction can be divided into two categories: money damages and equitable relief. Money damages are the most commonly sought remedy for breach of contract. They can be divided into two types: compensatory and punitive damages. Compensatory damages are designed to compensate the party that suffered the breach for any losses that may have occurred, such as repair costs and lost profits. Punitive damages are designed to punish the party that breached the contract and to deter others from committing similar breaches. In some cases, the appropriate remedy may be equitable relief instead of money damages. This type of relief can include specific performance, which requires the breaching party to perform the terms of the contract as originally agreed. An injunction, which is an order from the court that prevents the breaching party from taking a certain action, is another type of equitable relief. No matter what type of remedy is sought, it is important that the party claiming breach of contract has evidence of the breach. This could include copies of the agreement, witness testimony, and other proof of the breach. Additionally, if a party wishes to pursue a lawsuit, it is important to file the lawsuit within the applicable statute of limitations in order to preserve their rights.
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