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No Lost Profit Without Proof Of Completion Cost Profit; Damages

Sunday, November 02, 2003 05:46 pm

No Lost Profit Without Proof Of Completion Cost Profit; Damages

A Missouri court has ruled that a prime contractor breached a subcontract by performing subcontracted work with its own forces. But the sub could not recover lost profit because it failed to establish the cost of completion.

The Missouri Highway and Transportation Department awarded a contract to Missouri Bridge and Concrete, Inc. for construction of a replacement bridge in Nodaway County. Missouri Bridge subcontracted the excavation and compaction work to Forney Excavating Co The subcontract said that if Forney was unable to complete its work, Missouri Bridge would complete the work at Forney's expense.

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