Metroplexcore v. Parsons Transportation Group (2014)
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PTG made repeated assurances that MC would be part of the team
(promises). Even the owner expected MC to be on the team. - Example of
Promissory Estoppel
Rescission Damages
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When expectation damages not available, award what party would have
had if contract had not existed
, Key Principles of Contract Damages
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Damages cannot be speculative, and must be proven to a "reasonable"
degree of certainty.
Expectation Damages
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Award what was reasonably expected from the contract
Betterment Theory
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Owner cannot be put in a better position than if the breach hadn't
occurred.
Liability Issues
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-Defective plans and specs (Spearin)
-Constructive changes
-Differing site conditions
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PTG made repeated assurances that MC would be part of the team
(promises). Even the owner expected MC to be on the team. - Example of
Promissory Estoppel
Rescission Damages
Give this one a try later!
When expectation damages not available, award what party would have
had if contract had not existed
, Key Principles of Contract Damages
Give this one a try later!
Damages cannot be speculative, and must be proven to a "reasonable"
degree of certainty.
Expectation Damages
Give this one a try later!
Award what was reasonably expected from the contract
Betterment Theory
Give this one a try later!
Owner cannot be put in a better position than if the breach hadn't
occurred.
Liability Issues
Give this one a try later!
-Defective plans and specs (Spearin)
-Constructive changes
-Differing site conditions