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- Title
HARD HAT CASE NOTES.
- Authors
Burke, Christopher M.; McLaughlin, Lauren P.
- Abstract
The trial court entered an award in favor of Gamewell for some of the damages, including $100,000 for labor and materials that the trial court determined had not been waived by Gamewell as part of the partial waivers/lien releases. Because the jury found that AP was entitled to payment of nearly all of the withheld monies, the court reasoned that "the jury's finding on AP's counterclaim was consistent with a finding of material breach." The trial court's finding of fact as to this award ... does not support the trial court's conclusion of law. Contractors are often required to submit partial waivers and lien releases with payment applications in order to receive periodic payments during the course of a project.
- Subjects
SAFETY hats; LEGAL judgments; JURY instructions; APPELLATE courts; BREACH of contract
- Publication
Construction Lawyer, 2021, Vol 41, Issue 1, p42
- ISSN
0272-0116
- Publication type
Article