part 2
Contractor's New York law claim that subcontractor violated subcontract did not require evidence that subcontractor's performance deviated from applicable standards of care in construction industry.
[2]
115 Damages
115X Proceedings for Assessment
115k208 Questions for Jury
115k208(1) k. In General. Most Cited Cases
Credibility of contractor's general superintendent and an independent professional engineer, regarding damages sustained by contractor from breach of subcontract, was for jury; while subcontractor could challenge alleged bias of these witnesses and factual basis of their opinions, they appeared qualified to describe how subcontractor's work deviated from industry custom in absence of established guidelines.
[3]
157 Evidence
157XII Opinion Evidence
157XII(D) Examination of Experts
157k555 Facts Forming Basis of Opinion
157k555.4 Sources of Data
157k555.4(3) k. Hearsay or Evidence Otherwise Incompetent. Most Cited Cases
That expert opinions, proffered by subcontractor in action by general contractor alleging deficient performance claims, were founded on hearsay would not bar admissibility of such opinions; claim that expert relied on unfounded assumptions would go to weight, rather than admissibility, of evidence. Fed.Rules Evid.Rule 702, 28 U.S.C.A
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