Tolar Construction v. Kean Electric Company

After delays caused Kean (plaintiff) to miss a construction deadline, Tolar (defendant) ordered Kean to cease work on an elementary school renovation and paid third parties to finish the remaining electrical work; the jury awarded Kean $89,000 in damages based on the contract price less what Kean itself would have paid its own subcontractors to finish, and Tolar argued the offset should instead reflect the (higher) amounts Tolar actually paid its own last-minute replacement subcontractors.