Salt Lake City, UT asked in Civil Litigation, Construction Law and Contracts for Colorado

Q: If a homeowner was getting a really great deal on upgrades to his home and he breached contract

Can the person that provided the service sue for market value of work completed in the home.

1 Lawyer Answer
James Alan Greer
James Alan Greer
Answered
  • Construction Law Lawyer
  • Boulder, CO
  • Licensed in Colorado

A: Question on remedy in light of an anticipatory breach of contract: So long as there was a valid and executed written contract, the remedy for the contractor is twofold:

(a) the value of the percentage of completed work as measured by the contract price (and not the so-called "market value" of the contracted work), and (b) potentially the "lost income" that would have been gained had the contractor been allowed to complete the contract.

JIM GREER is an attorney licensed to practice in CO and CA and has specialized in real estate matters for the past 34 years; nothing herein shall be construed as the offering of legal advice insofar as Mr. Greer is not in an attorney-client capacity with the inquiring party. 303.818.8422

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