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In a dispute, do the amounts in the SOV prevail?

Maryland

In an AIA A-107 contract for a renovation job a Schedule of Values is often included. If the Contractor walks off the job would he be responsible to pay the Owner for just for the cost of the unfinished work listed in the SOV (assuming that he walked off with no cause)? Or would he be responsible for what the Owner has to pay another contractor to complete the work if it's more than the SOV? My question is really related to the practical definition of an SOV. If an Owner and a Contractor agree to a line item value in an SOV that later proves to be inaccurate, what ramifications can result? For example, let's say that the total, agreed cost for the job is $800,000 and the line item in the SOV for wood flooring is listed incorrectly at $5,000 when the correct value is ultimately found to be $50,000. If the Contractor resigns before doing any flooring work, would he owe the Owner $5,000 or $50,000?

2 replies

Jul 8, 2021

Generally, the completion costs of the contract as a whole is the typical measure of damages, and not so much the SOV. But of course, there can be specifics i nthis particular contract that changes that general approach.

Good luck!

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Jul 26, 2021
In a market where completion costs are rising, such as the astronomical cost of lumber, the owner may contract a completion contractor that will cost much more than the SOV in the broken agreement. Upon proof that the materials were necessary to complete the same scope of work, the defaulting contractor may become liable for the difference between what the owner would have paid, and what the owner had to pay to obtain full performance of the scope of work.
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