Chapter 5 - § 5.7 • UNIQUE DAMAGES ISSUES ("USEFUL LIFE" EVIDENCE)

• Jurisdiction: Colorado

§ 5.7 • UNIQUE DAMAGES ISSUES ("USEFUL LIFE" EVIDENCE)

If an important goal underlying a damages award is to return a defective or damaged structure to a condition that reasonably serves its intended purpose, employing a "useful life" analysis to limit an owner's recovery often will undermine this result. For an in-depth discussion of "useful life" damages set-offs, see "Remaining 'Useful Life' and Its Impact on Recovery of Damages for Injury to Common Elements," in § 5.1.10 and Sandgrund & Sullan, "Useful Life Evidence in Construction Defect Cases."⁶¹²

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^[612] Ronald M. Sandgrund & Valerie...