Section 12.21 Jury Verdict Method
| Library | Construction Law 2016 Supp |
4. (§12.21) Jury Verdict Method
A second variation of the total cost method is referred to as the “jury verdict” method. This method is best applied only when the plaintiff contractor has established that it was damaged and there remains no question that the defendant is responsible for the damage. The contractor must prove the damages beyond “mere speculation” so that a jury can make a “fair and reasonable approximation” of the contractor’s damages. See, e.g., WRB Corp. v. United States, 183 Ct. Cl. 409...
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