TN Bar Practice Questions - Tennessee Bar Examination Exam

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A homeowner contracts with a builder to construct a house, but the builder substantially completes the work with a minor, non-willful deviation (using a different but equivalent brand of pipe). The homeowner refuses to pay anything. Under the doctrine of substantial performance, what is the builder entitled to?

Nothing, because performance was not perfect Treble damages The contract price minus damages for the minor deviation Only restitution for materials used

Correct Answer:

The contract price minus damages for the minor deviation

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