American Standard v. Schectman
|American Standard v. Schectman|
|Court||Appellate Division of New York|
|Citation||439 N.Y.S.2d 529|
80 A.D.2d 318
|Date decided||May 15, 1981|
For 26 years, American Standard, Inc. ("Standard") operated a pig iron manufacturing plant near Niagara Falls, New York. However, in 1972, Standard closed its plant & hired Mr. Schectman who was a demolition & excavation contractor.
In accordance with the contract, Standard paid Schectman $275,000 to (1) remove equipment, (2) demolish structures, and (3) grade the land.Schectman cut corners: he left the plant ungraded because grading would have cost him $90,000.
(Damages for incomplete performance) = (Diminution in Value)Quimbee: "In the context of a construction contract, diminution-in-value damages are measured by the difference between the value of a structure with a defect & the value of the structure absent the breach."