370. Contractor's right to damages.

370.     Contractor's right to damages.

Where the employer repudiates the contract and no work at all has been carried out the measure of damages will be: (1) the contract price less the costs which the contractor would have had to bear in completing the work; or (2) any sums already expended subject to the employer's showing that had the contract been performed in full the contractor would still have made a loss1.

Where the employer repudiates the contract after the work has been partially performed, and the contractor is unable to sue under the contract for the price