GLASS, J.
The dispositive issue in this appeal is whether a builder's breach of a construction contract by failure of substantial performance permits the nonbreaching owner to collect damages unreduced by the outstanding balance of the contract price that the owner avoids paying by virtue of the breach. We conclude that the failure so to reduce an owner's damages affords the owner an unconscionable recovery in excess of his actual loss suffered by reason of the breach...
Let's get started

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.