Section 3.7.19 Measure of Damages

• Library: Construction Law Practice Manual 3rd Edition 2016

§ 3.7.19 Measure of Damages

Damages awarded in design or construction defect cases are often subject to adjustment or reduction to assure that the claimant does not recover a windfall. Where installed work is defective, Arizona courts will weigh the cost and benefits of reconstruction over repair.¹⁷³ Where considerable emphasis is placed on the aesthetic value or visibility of the defective work, the court may considerable the greater cost of replacement a better value than piecemeal repairs, and reconstruction will not be considered economic waste.¹⁷⁴

One unique legal principle applicable to the damage element of design professional claims is betterment. It derives from a common law rule recognized in the RESTATEMENT (SECOND)...