Toward a Unified Theory of Damages in Construction Cases: Part III — Damages in Terminations for Convenience

Josh M. Leavitt, K&L Gates, Chicago

I. Introduction

This is the third installment in a series of articles aimed at bringing some clarity to the disparate approaches to damages practitioners often confront in construction cases.  Some of the most challenging damages questions are presented in termination disputes.  The subject of damages in terminations is simply too complex for one article of this size, and therefore the damages series will address termination damages in three installments.  This installment addresses damages in termination for convenience situations.  Later installments will address damages in termination for default situations and special damages issues when design contracts are terminated.

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Reprinted with permission from the Journal of the American College of Construction Lawyers, Volume 6, Number 2, Summer 2012, © 2012 Thomson Reuters. Further reproduction without permission of the publisher is prohibited. For additional information about this publication, please visit

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