§15.1 Introduction

• Jurisdiction: Washington

§15.1 INTRODUCTION

This chapter primarily relates to the calculation, documentation, proving of, and defending against different types of damages commonly incurred by contractors and/or owners in their course of dealing on a construction project. Although considerable emphasis is given to measuring, and proving or disproving, the amount of damages suffered, it is critical to remember that construction contract damages will not be allowed unless the evidence demonstrates that the damages resulted from a breach of contract. Michael T Callahan, Construction Change Order Claims (2d ed. 2005) (hereinafter Callahan, Construction Change Order Claims). That is, without entitlement to recovery, damages are meaningless.

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Entitlement refers to the claimant's legal right to compensation, and quantum refers to the amount of the compensation or monetary adjustment to the contract. See William Schwartzkopf, Calculating Construction Damages (3d ed. 2016 & Supp. 2018) (hereinafter Schwartzkopf, Calculating Construction Damages). To establish entitlement, the claimant must show that (1) the respondent's actions or inactions caused harm to the claimant and that the respondent had some legal duty not to cause such harm; or (2) the contract's allocation of risk (for example, for unforeseen site conditions) justifies the requested compensation. Id. Once entitlement is established, the quantum is determined by (1) the amount of monetary recovery necessary to make the claimant whole or (2) the amount permitted per an applicable contract provision. Id.; Pugel v. Monheimer, 83 Wn. App. 688, 692, 922 P.2d 1377 (1996), review denied, 131 Wn.2d 1024 (1997).

Consider the...