Rivers v. Deane
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| Rivers v. Deane | |
| Court | New York Appellate Division |
|---|---|
| Citation | 209 A.D.2d 936 |
| Date decided | November 16, 1994 |
Facts
- "Rivers" = construction contractor
- Deane = homeowners seeking an additional building on their property
- Rivers constructed the requested 3rd floor of the building very poorly
- the 3rd floor was un-usable
Procedural History
- Rivers sued Deane for breach of contract.
- The trial court decided
damages = (home's value had the contract been satisfied) - (home's value at the time of the suit)
- Rivers won $10,000
Issues
When a building is unusable, is the proper measure of damages as follows
damages = (the structure's value had the contractor satisfied the contract) - (the structure's value as is)
?Holding
No. The proper measure of damages is the market price for completing or correcting the construction so that it satisfies the contract.
Judgment
Vacated & remanded to determine repair cost of the 3rd floor
Reasons
The construction deficiency was neither trivial nor innocent.
