Lyon v. Belosky Construction, Inc.
Supreme Court of New York, Appellate Division
669 N.Y.S.2d 400 (App. Div. 1998)
Relevant factsFree
Lyon (plaintiff) contracted with Belosky (defendant) to build a custom home per specific design drawings, but the completed roof was centered over the wrong room, creating an oversized front-door overhang and other issues; the trial court awarded Lyon $73,182.66, the cost to bring the roof into compliance with the original design, and Belosky appealed.
IssueFree
Whether the proper measure of damages in cases involving the breach of a construction contract is generally the difference between the amount due on the contract and the amount necessary to properly complete the job or to replace the defective construction.