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 of the work done, the damages will