354. Owner's/Lessee's Damages for Breach of Contract to Construct Improvements on Real Property Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 To recover damages for breach of a contract to construct improvements on real property [name of plaintiff] must prove: [[The reasonable cost to [name of plaintiff] of completing the work;] [And the value of loss of use of the property;] [And the reasonable cost of alternative housing from the date the work was to have been completed until the date the work was completed;] [Less any amounts unpaid under the contract with [name of defendant];]] [or] [The difference between the fair market value of the [lessee's interest in the] property and its fair market value had the improvements been constructed.] ___________________________________________________________________________ New September 2003