- The analysis of case law surrounding the challenges to lost profits claims involving new businesses does not establish any hard and fast rules.
- The role of a damages expert is not always clear. In many matters, the damages expert may be asked to assume that a causal linkage between the liability issues and damages exists.
- Case law demonstrates that reliance on client supplied information is frequently an issue subject to challenge in litigation.
- Reasonably certain damages analyses ensures the analyses are anchored in facts, use sound methodologies, and yield reasonable results.
- Dan Brennan, founding partner of Laurie & Brennan, LLP, rejoins our series to break down the terms and conditions any good construction contract should contain. He provides an overview of terms that can be used which are explicit and protect the owner and contractor from misinterpretation and unintended consequences.
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