Fairway Builders, Inc. v. Malouf Towers Rental Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• declining to award compound interest in absence of express agreement to the contrary
• Prejudgment interest is measured from the date of demand “in cases where no definite time for payment is stated.”
• where no definite time for payment is stated, prejudgment interest cannot be awarded for any period prior to initial demand for payment
• measure of the damages for breach of a construction contract as of the time of trial
• “[W]hether the injured party violated his duty to mitigate damages is a question of fact for the trier of fact, when there is conflicting evidence on the question.”
• “[T]he victim of a breach of contract may recover damages from the breaching party to compensate for attorneys’ fees and costs expended by the victim to defend a separate suit brought against it as a foreseeable result of the breach.”

Source: CourtListener parenthetical corpus (CC0).