“If you decide that Plaintiff has proved his claim against Defendant for failure to properly build the project, you also must decide how much money will reasonably compensate Plaintiff for the harm. This compensation is called “damages.”
To recover damages, Plaintiff must prove the reasonable cost of repairing the project so that it complies with the terms of the contract, including the plans and specifications, agreed to by the parties. If, however, 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 Plaintiff is entitled only to the difference between the value of the project as it was performed by 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 Defendant’s work.”
[CACI Jury Instructions [citations omitted]]
