PJC Business

D AMAGES

PJC 115.49

PJC 115.49 Question and Instructions on Prompt Payment to Contractors and Subcontractors Damages

[Insert predicate, PJC 115.1.]

QUESTION ______ What sum of money, if any, if paid now in cash, would fairly and reasonably compensate Paul Payne for his damages, if any, that resulted from not being promptly paid by Don Davis ? Consider the following elements of damages, if any, and none other. The unpaid amount for properly performed work or materials suitably stored or specially fabricated under the contract. Do not speculate about what Paul Payne ’s ultimate recovery may or may not be. Any recovery will be determined by the court when it applies the law to your answer at the time of judgment. Do not add any amount for interest on damages, if any. Answer in dollars and cents for damages, if any. Answer: _______________ COMMENT When to use. PJC 115.49 should be predicated on a “Yes” answer to PJC 101.50. Instruction required. PJC 115.49 should not be submitted without an instruction on the appropriate measures of damages. See Jackson v. Fontaine’s Clinics, Inc. , 499 S.W.2d 87, 90 (Tex. 1973). Attorney’s fees. For submission of attorney’s fees, see PJC 115.60. Interest on overdue payment. An unpaid amount begins to accrue interest on the day after the date on which the payment becomes due and bears interest at the rate of 1.5 percent per month and 18 percent per year. See Tex. Prop. Code § 28.004. Interest on an unpaid amount stops accruing under section 28.004 on the earlier of— 1. the date of delivery; 2. the date of mailing, if payment is mailed and delivery occurs within three days; or

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