WI · jury_instructions
Wis JI-Civil 3700
Damages: Building Contracts: Measure of Damages
Question 1 asks whether (builder/contractor) breached the contract.
Question 2 asks what amount of money, if any, will fairly compensate
(plaintiff/owner) for the breach by (builder/contractor)? In answering Question 2, you must
first determine the diminished value of (the structure). "Diminished value" is the difference
between the value of the structure as built and the value of the structure if it had been built
according to the contract.
If you determine that the structure cannot be repaired, the diminished value is your
answer to Question 2.
If, however, you determine that the structure can be repaired, you must also determine
the cost of repairs to the structure. "Cost of repairs" is defined as the reasonable cost of
remedying defects, so far as can be done practicably. If the "diminished value" of the
structure and the "cost of repairs" of the structure are different, the lesser of the two is your
answer to Question 2.
SPECIAL VERDICT
1. Did (builder/contractor) breach the contract?
Answer:
Yes or No
2. If you have answered "yes" to Question 1, what amount of money, if any, will
fairly compensate (plaintiff/owner) for the breach by (builder/contractor)?
Answer: $
[ALTERNATIVE:
If you have answered "yes" to Question 1, what is the reasonable cost of
repairs?
Answer: $
If you have answered "yes" to Question 1, what is the diminished value of the
property?
Answer: $]
History
Wis JI-Civil 3700 (2012). ©2012, Regents, Univ. of Wis. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
cfbc2512b03993c0a7bd5e89f87cdc1cb4d6a0c3ec1c75d552aa0f6bc7d0c7d6
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