Bankruptcy judge eyes alternatives

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted November 2, 2021 10:39 AM

To help determine the appropriate measure of damages for breach of a construction contract, Section 346 of the Restatement (First) of Contracts (1932) detailed several alternative approaches. But the Restatement (Second) of Contracts (1981) dropped this section because the drafters thought the new version’s “general rules on damages” offered adequate guidance. Going old-school, a bankruptcy judge in Idaho looked at Section 346 when calculating damages in a case where a developer (Best View Construction & Development …

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