358. Damages for breach of covenant.

(iv)     Liability for Failure to Fence

358.     Damages for breach of covenant.

Where there has been a breach of a covenant to build a wall, the measure of damages awarded to a claimant covenantee is the cost to the claimant of erecting on his own land a boundary wall of the contract specification, provided that the intention to execute the work is genuine and reasonable1. The cost is assessed at the date of judgment unless the claimant should have taken action, or done the work, at an earlier date2. The cost of construction is