$3 Million Punitive Damage Award for Misrepresentation Reversed Due to Economic Loss Doctrine and also Waiver of Consequential Damages Clause in Contract (Prevailing Party Attorneys Fees also Awarded)

A jury found Weitz Company liable to a subcontractor for $1,729,122 in compensatory damages for breach of contract.  It also awarded punitive damages of  $3,900,000 for intentional misrepresentation and $1,103,549 for attorneys fees.  On appeal, the court affirmed the...

Government Can’t Use Contract’s General Disclaimer of Reliance on Site Information to Deny Differing Site Condition Claim (Metcalf v. U.S. precedent)

By: J. kent Holland, Jr. The U.S. Army denied a differing site condition claim of its contract that allegedly encountered subsurface rock conditions as well as ground water conditions, differing materially from what was represented in a geotechnical report provided to...