Repair, Beware!

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While this list not all-inclusive, it demonstrates that not all damages cases are the same. In most instances, the cost to replace or repair will carry the day, but in some cases the economic waste doctrine may apply. For the alert contractor, invoking the doctrine can substantially impact the ultimate resolution. If you would like to learn how Lexology can drive your content marketing strategy forward, please email enquiries lexology.

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Repair and reinstatement: Beware the elephant trap | HSTalks

USA October 22 Jurisdictions differ in how they apply the economic loss doctrine, but here are some considerations that may tip the scale: What would be the probable change in market value of the property if the repair is made? And, to what extent would the cost to repair or replace exceed any decrease in value caused by the defect?

Does the claimed defect provide similar general quality and appearance to that which the owner contracted for? Would making the repair require substantial destruction, significant dismantling, or unreasonable expense?

To what extent does the defect relate to an aesthetic aspect of the property? Is the defect related to a personal customization? Is it offensive to aesthetic sensibilities? What is the property used for and what is the effect of the defect on such use?