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Verdict range $0 - $100,000
ARTICLE ID 167826
$________ Breach of contract - Cost of renovation project increases drastically prior to start of construction - Defendant architect allegedly retains inappropriate construction manager.
Pitts County, PA
In this breach of contract case the plaintiff, a
dentist, contended that the defendant architect breached a
contract to renovate a building for the plaintiff. The defendant
architects claimed that they were not negligent and that the
construction manager was responsible for any breach of contract.
The plaintiff dentist purchased a building with the intent to
renovate it to house his dental practice. The plaintiff hired the
defendant architects who gave an estimate for their services and
brought in a construction manager who gave another estimate for
the renovation work. Before any construction occurred, the price
for the renovation went from $________ to $________. The plaintiff
contended that the defendant was negligent in bringing in the
construction manager on too small a project; one that did not
require a construction manager. The plaintiff also contended that
the defendants failed to perform certain actions required in the
contract, such as getting the plaintiffs approval for changes,
conducting the bidding process, providing project schedules, and
budgeting per the provisions of the contract, which led to
ballooning costs and the ultimate failure of the project.
The defendants completed the drawings without input from the
plaintiff client. The plaintiff also asserted that the defendants
padded the budget. The plaintiff ultimately cancelled the project
and sold the building without renovating it. The plaintiff
claimed damages, such as an excavated elevator shaft as shown on
the drawings that the plaintiff never saw or approved, that
caused a diminution in the value of the building. When the
plaintiff terminated construction, he was sued by the
construction company and he lost the suit and had to pay the
construction company. The plaintiff also sought recovery of those
monies.
At trial, the construction manager testified that the project did
not require a construction manager because it was not complex or
large enough a project to need a manager. The plaintiffs expert
architect testified that the defendants were negligent and should
have been overseeing the project. The plaintiffs expert asserted
that the defendants had a responsibility to get approval from the
plaintiff before authorizing any work and that the defendants
failed to stay within the budget, though they had an obligation
to do so.
The defendants denied any liability whatsoever. The defendants
argued that the construction manager was responsible for most of
the things that the plaintiff complained about. The defendants
also put forth that aspects of the project changed from what was
originally discussed and that was why the costs went up.
The jury found the defendant architects negligent, but found that
the defendants negligence did not cause the plaintiffs damages.
However, the jury did find that the defendants breached the
contract and awarded damages of $________.
5 ways to win with JVRA
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- Determine if a case is winnable and recovery amounts.
- Determine reasonable demand for a case early on.
- Support a settlement demand by establishing precedent.
- Research trial strategies, tactics and arguments.
- Defeat or support post-trial motions through past case histories.
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