Ashford Partners, Ltd. v. Eco Resources, Inc.

This appeal is from a judgment awarding a tenant damages for a landlord’s breach of a construction-related duty under a build-to-suit lease agreement. The tenant sued asserting that the landlord’s failure to adhere to construction plans resulted in a substandard building, diminishing the value of its leasehold. At trial, the parties disagreed about the appropriate measure of damages for the landlord’s breach. The tenant maintained that damages should be measured by the diminished value of the leasehold. The landlord contended that the appropriate measure should be the cost to repair the…