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A Little Common Sense: The Economic Waste Doctrine's Effect On Contractors And Owners

from Roads & Bridges

The economic waste doctrine prevents an owner from demanding repair or replacement of nonconforming work if (1) the work is otherwise substantially performed and is fit for the purpose intended; and (2) the cost of repairing and/or replacing the work is disproportionately higher than the diminution in the work’s value as a result of the nonconformity. Both requirements must be met in order for the contractor to avoid repairing or replacing the work. more

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