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Posted on October 5, 2016 | Posted in Construction, Five Liners

Elan Construction v. South Fish Creek Recreational Association 2016 Alta CA

The trial judge had reduced the plaintiff’s damages for breach of contract A based on the problems that the substitute contractor, who had been awarded the contract, had incurred at the project. Aside from one small issue, the Court disallowed that reduction. It held that there was no evidence to factually compare the outcomes of the project between the 2 contractors and no expert evidence to provide the reasoning bridge for any useful comparison between the 2 contractors.


Jonathan Speigel


Written by Jonathan Speigel Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.


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