How can I enforce Consequential Damages?

[logjam2]

Washington State...

My contractor wrongfully terminated the contract for construction of my new house, by abandoning the job, which was a fixed fee contract. He left me to foot the bill for all of his remaining work and the repair of mistakes.

The impacts from the delay and repairs for defective work are in the tens of thousands of dollars. The contract contained a mutual "waiver of consequential damages" clause.

My questions:
1. Does this waiver of damages still hold if it can be proved that the contractor wrongfully terminated the contract?

2. Is there any other way to claim consequential damages in this situation?

3. Can you PLEASE give me examples of any cases where there was a mutual waiver of consequential damages but they were awarded because of a wrongful termination?


ANY suggestions you have would be GREATLY appreciated!
Thanks!

 

[racer72]

1. Probably. The contract language applies to all work completed.

2. You would have to prove the work was negligence or intentional damage. This can be tough to prove especially if the contractor does not know what he is doing.

3. You would have to talk to a lawyer experienced in construction litigation for that info. I would suggest you talk to an attorney anyway.