· 4/15/2005
GSB Contractors, Inc. v. Hess
Citations
- 179 S.W.3d 535
- 2005 Tenn. App. LEXIS 225
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that breach of contract damages are frequently measured as either cost of repair or difference in value
- discussing the appropriate measure of damages in a breach of a residential construction contract action
- finding no abuse of discretion in admission of expert testimony when objections went to the credibility of the expert’s opinions
- the proper measure of damages for breach of contract is to place the non-breaching party in the position it would have been in had there not been a breach
- “We hold that the plaintiffs do not have the burden of offering alternative measures of damages. The burden is on the defendant to show that the cost of repairs is unreasonable when compared to the diminution in value due to the defects and omission.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Alan E. Highers
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.