Section 23A

Citation: Section 23A
Parent Document: BLT Burger DC, LLC v. Norvin 1301 CT, LLC, 86 A.3d 1139 (2014)
Jurisdiction: DC (municipal)
Effective Date: 2014-03-13
Original Source: https://www.courtlistener.com/opinion/2656505/blt-burger-dc-llc-v-norvin-1301-ct-llc/ ↗

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         On one level of analysis, of course, every element of value that counsel
described would be diminished by breach of the lease. As to the recognized
category of “diminished value” damages, however, the language quoted above
does not provide clear pretrial notice that Landlord was seeking the full measure of
such damages, rather than those limited to loss in value as a result of Tenant‟s
failure to complete renovations. This language is especially unclear in light of
Landlord‟s earlier statement in the same Joint Pretrial Statement that it was seeking
“lost rent, loss of the value of the Tenant Work as that otherwise would have
affected the value of the property, and other damages” including attorney‟s fees.
Here, Landlord expressly mixes traditional damages calculated solely by reference
to the future rental stream, as under § 23A of the lease (“lost rent”) with one mere
element of diminished value damages (“Tenant Work”), further implying exclusion
of a larger universe of diminished value damages.

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