CACI No. 4530

Contract—Work Does Not Conform to Contract

If you decide that [name of plaintiff] has proved [his/her/ nonbinary

pronoun] claim against [name of defendant] for failure to properly build

the [project /describe construction project, e.g., apartment building], you

also must decide how much money will reasonably compensate [name of

plaintiff] for the harm. This compensation is called “damages.”

To recover damages, [name of plaintiff] must prove the reasonable cost of

repairing the [project /short term for project, e.g., building] so that it

complies with the terms of the contract, including the plans and

specifications, agreed to by the parties.

If, however, [name of defendant] proves that the cost of repair is

unreasonable in light of the damage to the property and the property’s

value after repair, then [name of plaintiff] is entitled only to the difference

between the value of the [project /short term for project, e.g., remodeling]

as it was performed by [name of defendant] and what it would be worth

if it had been completed according to the contract, including the plans

and specifications, agreed to by the parties. The cost of repair may be

unreasonable if the repair would require the destruction of a substantial

part of [name of defendant]’s work.

New December 2010