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THE COST OF COMPLETING CONSTRUCTION

When a contractor fails to complete a construction project in accordance with the terms of an agreement, a party may sue for breach and recover damages.
In Liddell v. Ali, the Kings County Civil Court awarded $22,600 to Chaundhry Ali and Shawn Construction Inc., as a result of the plaintiff's failure to complete certain work in accordance with the parties' contract. On appeal, the Appellate Term, 2nd and 11th Judicial Districts, noted that a recovery is to be based on "the fair and reasonable market price for correcting the defective work or completing the construction, whichever is appropriate...." And, since the monetary award that issued in this instance was supported by a "fair interpretation of the evidence," the judgment was left undisturbed.
The outcome of this dispute rested, in significant part, on a judge's assessment of the credibility of conflicting witnesses. And, after a hearing or trial, appellate courts will usually afford considerable deference to the determinations made by the judges in such cases. As the Appellate Term observed, "'a trial court's resolution of questions of credibility is particularly within its domain and should not be disturbed on appeal if supported by the record'...'This is especially true when findings of fact rest in large measure on considerations relating to credibility of witnesses'...."
Would you believe that?
For a copy of the Appellate Term's decision in Liddell v. Ali, please click on the following link:
http://www.nycourts.gov/reporter/3dseries/2006/2006_51182.htm

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