Caroline Claire Turtle | Wilson Elser BackgroundA roofer for a sixty-five-townhome community is notified that the homeowners association of the townhome community has filed a claim alleging construction defects and resulting property damage related to the roofer’s scope of work. In the period between completion of the roofing work and the commencement of litigation, evidence… Continue reading Mitigation of Damages in Construction Defect Claims: Applying Florida’s Avoidable Consequences Doctrine
Tag: Avoidable Consequences
Turning Off the Spigot of Damages in Construction Cases: The Doctrine of “Avoidable Consequences”
Jeff Wertman | Berger Singerman LLP | February 15, 2018 “Damage control” is often associated with measures taken to offset or minimize damage to reputation, credibility, or public image caused by a controversial act, remark, or revelation. However, the concept of damage control has been and continues to be prevalent in construction cases. The doctrine… Continue reading Turning Off the Spigot of Damages in Construction Cases: The Doctrine of “Avoidable Consequences”