Contracts II

Economic Waste

Restatement Second of Contracts § 348(2)

Alternatives to Loss in Value of Performance

View on Lexis Advance

. . .

  1. If a breach results in defective or unfinished construction and the loss in value to the injured party is not proved with sufficient certainty, he may recover damages based on
    1. the diminution in the market price of the property caused by the breach, or
    2. the reasonable cost of completing performance or of remedying the defects if that cost is not clearly disproportionate to the probable loss in value to him.

. . .