Lost Profit Claims in Construction Litigation: Speak Now, Or Forever Hold Your Peace?


Lost profits in context of construction defect litigation. A North Carolina opinion and great article by Matt Bouchard, Esq

N.C. Construction Law, Policy & News

In an unpublished February 18, 2014 decision, the North Carolina Court of Appeals (“COA”) refused to let a project owner pursue drastically higher lost profit damages after its counterclaim had been tried, appealed and remanded for further findings on the issue of damages.

Image by Nemo / pixabay.com Image by Nemo / pixabay.com

In J.T. Russell & Sons, Inc. v. Silver Birch Bond, LLC, the owner, Silver Birch Pond (“SBP”), was the developer of a subdivision that had hired a paving company to perform the project’s asphalt paving work for about $150,000.  SBP refused to pay for the work, citing deficiencies in the contractor’s performance.  At trial, SBP successfully defeated the contractor’s claim for payment and prevailed on its own counterclaim for construction defects, but on appeal, the contractor successfully argued that the jury’s award of damages wasn’t fully supported by the evidence.  The COA agreed, sending the case back to the trial level for further…

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