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Resource: The Betterment Defense in Construction Law

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Resource Introduction:

As a general rule, when there is a breach of contract, the injured party—in the case of a building owner and architect/engineer, the owner—must receive what they had a right to under the contract, but no more. A windfall or a benefit greater than would have been received had the contract been performed correctly is not allowed at the expense of the performing party or architect in this case.

 

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