Civil Model Jury Charge 4.30C BUILDER
FAILS TO PROVE SUBSTANTIAL PERFORMANCE AND SUES IN QUASI-CONTRACT
Even if the builder in a construction
contract fails to prove substantial performance, (even if his/her default under
the contract is willful) he/she may recover compensation if the benefit which
he/she conferred upon the owner exceeds the harm which he/she caused the owner,
provided the owner accepted or retained the benefit of the partial
performance. In such case the builder is
entitled to recover the reasonable value of the work performed by the builder
after deducting from it the loss caused by the builder’s breach which can
include increases in the cost of completion, losses resulting from delays, or
harm caused by below-par performance.
However, the reasonable value may not be greater than the proportion of
the contract price which the reasonable value of the work completed bears to
the reasonable value of all the work contemplated by the contract.
Cases:
