Contract says 10' ceilings, my tape measures 9'6" They poured 4" of foundation which totals 9'10" still not built to spec. Do I have the ability to ask for my money back because they breached what we agreed upon?
2 replies
Oct 6, 2022
no
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Oct 6, 2022
Unfortunately probably NOT. There is a long line of construction cases I remember from law school that indicates that substantial performance is still performance (like a garage with wrong height that could not fit owners truck/RV, A house built with wrong piping even though it was specifically specified, etc.). The measure of damages in such situations is whether the value of a constructed building that was not 100% built to the speciation's different than if the building was built to the specifications?