Jerry built a 3,000 square foot home for Susan for $350,000. There was a time is of the essence clause in the construction contract. On the day of settlement, Jerry had not screened the porch and had primed, but not painted, the trim in the master bath. What is Jerry entitled to receive in payment?

a. Nothing, he breached a material condition of the contract.
b. Jerry substantially performed the contract and is entitled to the full $350,000 contract price.
c. Jerry substantially performed the contract and is entitled to $350,000 less the amount it will cost Susan to have the work finished.
d. Jerry will be able to recover in quantum meruit, but only the fair value of the services, not the contract price.

Ans: c. Jerry substantially performed the contract and is entitled to $350,000 less the amount it will cost Susan to have the work finished.