If a contractor changes the design on a project without permission and the owner sues and wins, what is the owner entitled to recover?

If a contractor changes the design on a project without permission and the owner sues and wins, what is the owner entitled to recover?

• A. The cost of repairs or the loss of market value
• B. Only monetary damages not including repairs
• C. The value of improvements made by owner
• D. Attorney's fees

Answer: (A)

When a contractor changes the design without permission, the owner’s goal is to be restored to the position promised by the contract. The remedy awarded is designed to make the owner whole by addressing the actual impact of the breach on the project. The owner can recover the reasonable cost to repair the unauthorized changes so the project matches what was contracted for, or, if repairing isn’t feasible or would not fairly compensate, the decrease in the property’s value caused by the change (the loss of market value). This approach ensures the owner isn’t left with a project that deviates from the agreed terms and reflects the true financial impact of the breach.

Attorney’s fees aren’t automatically recoverable unless there’s a contract provision or statute allowing it, and the owner’s own improvements aren’t the measure of damages against the contractor.