Summary

• Jurisdiction: Washington

Chapter Details

Summary

§15.1	Introduction
§15.2	Preliminary Matters
§15.3	Methods of Measuring Damages
(1)	Actual Cost Method
(2)	Total Cost Method
(3)	Modified Total Cost Method
(4)	Estimated Cost Method
(5)	Measured Mile
§15.4	Contractor's Damages Components
(1)	Labor Overrun
(2)	Equipment Cost Overrun
(3)	Material Cost Overrun
(4)	Cost Escalation Factors
(5)	Small Tools Cost Overrun
(6)	Insurance Cost Overrun
(7)	Inefficiency/Impact Costs
(8)	Delay Costs
(9)	Overhead Costs—Home Office and Jobsite
(a)	The Eichleay Formula
(b)	Alternatives to Eichleay
(10)	Subcontractor's Damages
(11)	Profit on the Costs Claimed
(12)	Interest on the Costs Claimed
(13)	Bonding Costs
(14)	Attorney Fees and Claims Processing Costs
§15.5	Owner's Damages Components
(1)	Expectation Damages

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(2)	Cost to Complete the Project
(3)	Cost to Repair Nonconforming Work
(4)	Delay
(5)	Owner's Lost Profits
§15.6	Extraordinary Claims
(1)	Quantum Meruit
(2)	Lost Potential Profits and Loss of Future Bonding Capacity
(3)	Punitive Damages
(4)	Tort Claims
§15.7	Documenting Damages Claimed
(1)	Level of Proof Required
(2)	Damages Documentation
(3)	Steps for Calculating Damages Quantum
§15.8	Defending Against Damages Claims
(1)	Contractual Defenses to Damages
(a)	Release of Responsibility for Another's Acts or Omissions
(b)	Waiver of Consequential Damages
(c)	Limitation of Liability Provisions
(2)	Proximate Cause Defenses
(3)	Common-Law Defenses
(a)	Failure to Mitigate or Doctrine of Avoidable Consequences
(b)	Offset
(c)	Betterment or Value-Added Analysis
§15.9	Lists of Documentary Evidence

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Robert H. Crick, Jr. is the managing member of Robert Crick Law Firm, PLLC. His legal practice focuses on construction law, both public and private, as well as government contracts law and general business law. His advocacy practice includes contract drafting and negotiations, mediation, arbitration, and litigation of disputes at local, state, and federal levels. In addition to advocacy, Mr...