Section 8.31 Measure of Damages Upon Termination

• Library: Construction Law 2016 Supp

G. (§8.31) Measure of Damages Upon Termination

In the event of a breach of contract by the owner, the contractor generally may elect to sue on the contract and claim damages for its breach or to sue in quantum meruit for the reasonable value of the work and materials furnished. Kansas City Structural Steel Co. v. Athletic Bldg. Ass’n, 249 S.W. 922 (Mo. banc 1923). If the contractor sues for breach of contract, the measure of damages is usually stated to be the contract price less the amount it would have cost to complete the performance of the contract. Juengel Constr. Co. v. Mt. Etna, Inc., 622 S.W.2d 510 (Mo. App. E.D. 1981); Ark Constr. Co. v. City of Florissant, 558 S.W.2d 418 (Mo. App. E.D. 1977).

Juengel, 622 S.W.2d 510, specifically addresses the calculation of the contractor’s...