Bar Review Question of the Day By Pieper Bar Review
January 11 2024
A homeowner contracted with a builder to construct a three-bedroom summer cottage on a vacant waterfront plot for an agreed-upon price of $80,000. However, after the cottage was three-fourths completed, it was destroyed by fire through the fault of neither of the parties. Can the builder recover anything from homeowner for his three-fourths completed performance?
(A) Yes, the builder can recover his costs of construction up to the time of the fire.
(B) No, the builder is not entitled to recover for the work and materials expended prior to the fire, and the builder still is obligated to build the cottage.
(C) No, the builder is not entitled to recover any of his costs incurred prior to the fire but he will be excused from performing the remainder of the contract.
(D) Yes, the builder can recover $60,000 for the work done prior to the fire and need not rebuild the cottage.
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