Originally published by Matthew DeVries on Best Practices Construction Law blog.
It’s a good thing to fully understand your potential recovery before you spend countless months and thousands of dollars pursuing a claim against your state DOT for breach of contract, misrepresentation or other cause of action. In the case of Victor Virgin Construction Co. v. N.H. Department of Transportation, 75 A.3d 1136 (N.H. 2013) (pdf), the New Hampshire Supreme Court held that a contractor’s claim for negligent misrepresentation against the DOT was statutorily capped at $475,000 after the trial court originally awarded the contractor approximately $1.5 million.
I have previously talked about 10 things to do when pursuing a claim, but I think it's important to go back to the basics. These include:
- Read, read, read your contract
- Understand the law in your jurisdiction
- Don't go it alone
(more on the Victor Virgin case and cautious tips if you plan to sue a DOT...)
